Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 329

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/01/2018 03:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2
4.3

A bill for an act
relating to public safety; regulating the manufacture, sale, and use of fireworks;
amending Minnesota Statutes 2016, section 624.20, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 624.20, subdivision 1, is amended to read:


Subdivision 1.

Regulation.

(a) As used in sections 624.20 to 624.25deleted text begin, the term "fireworks"
means any substance or combination of substances or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration, or detonation,
and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the
type of balloons which require fire underneath to propel them, firecrackers, torpedoes,
skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph
(c), or other fireworks of like construction, and any fireworks containing any explosive or
inflammable compound, or any tablets or other device containing any explosive substance
and commonly used as fireworks.
deleted text endnew text begin:
new text end

deleted text begin (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used and toy pistol caps which
contain less than 20/100 grains of explosive mixture.
deleted text end

deleted text begin (c) The term also does not include wire or wood sparklers of not more than 100 grams
of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain
75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple
tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper
streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not
more than twenty-five hundredths grains of explosive mixture. The use of items listed in
this paragraph is not permitted on public property. This paragraph does not authorize the
purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser
of items listed in this paragraph must be verified by photographic identification.
deleted text end

new text begin (1) "aerial and audible devices" means fireworks in a finished state, suitable for use by
the public, listed in APA 87-1, sections 3.1.2, 3.1.3, and 3.5, and containing 75 grams or
less of chemical mixture per tube for a total of 500 grams or less for multiple tubes in a
device;
new text end

new text begin (2) "APA 87-1" means the American Pyrotechnic Association Standard 87-1 from the
Standard for Construction and Approval for Transportation of Fireworks, Novelties, and
Theatrical Pyrotechnics, 2001 Edition;
new text end

new text begin (3) "display fireworks" means firework devices in a finished state, exclusive of mere
ornamentation, primarily intended for commercial displays that are designed to produce
visible effects, audible effects, or both, by combustion, deflagration, or detonation. The
term includes, but is not limited to, salutes containing more than 130 milligrams of explosive
composition, aerial shells containing more than 40 grams of chemical composition exclusive
of light charge, and other exhibition display items that exceed the limits contained in APA
87-1 for aerial and audible devices;
new text end

new text begin (4) "fireworks" means any device, other than sparkling devices, novelties, aerial and
audible devices, or theatrical pyrotechnic articles that are intended to produce visible effects,
audible effects, or both, by combustion, deflagration, or detonation. The term includes
display fireworks;
new text end

new text begin (5) "novelties" means devices containing small amounts of pyrotechnic composition
that are listed in APA 87-1, sections 3.2, 3.3, and 3.4. The term includes deregulated
sparklers, snakes and glow worms, smoke devices, and trick noisemakers, including paper
streamers, party poppers, string poppers, snappers, drop pops, each consisting of not more
than 25/100 grains of explosive mixture; toy pistols, toy guns, in which paper caps containing
25/100 grains or less of explosive compound are used; and toy pistol caps that contain less
than 20/100 grains of explosive mixture; and
new text end

new text begin (6) "sparkling devices" means ground-based or handheld devices that produce a shower
of sparks that are listed in APA 87-1, sections 3.1.1 and 3.5. The term includes fountains,
torches, wheels, ground spinners, flitter sparklers, toy smoke devices, and sparklers.
new text end

new text begin (b) Nothing in sections 624.20 to 624.25 authorizes the possession or use of sparkling
devices or aerial and audible devices on public property or the purchase of these items by
persons younger than 18 years of age. A person selling sparkling devices or aerial and
audible devices shall verify the age of a purchaser by photographic identification.
new text end

deleted text begin (d)deleted text endnew text begin (c)new text end A local unit of government may impose an annual license fee for the retail sale
of deleted text beginitems authorized under paragraph (c)deleted text endnew text begin sparkling devices and aerial and audible devicesnew text end.
The annual license fee of each retail seller that is in the business of selling only deleted text beginthe items
authorized under paragraph (c)
deleted text endnew text begin sparkling devices or aerial and audible devices, or both,new text end may
not exceed $350new text begin for a single retail locationnew text end, and the annual license of each other retail seller
may not exceed $100. new text beginA local unit of government may assess a fee, not to exceed $100, to
a licensee for each additional retail location that the licensee operates. A license application
must require, at a minimum, the location of each retail location the licensee intends to
operate. A licensee must display the license issued pursuant to this paragraph at each point
of sale operated by the licensee.
new text endA local unit of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on the
new text begin wholesale or new text endretail sale of deleted text beginitems authorized under paragraph (c)deleted text endnew text begin sparkling devices and aerial
and audible devices
new text end;

(2) prohibit or restrict the new text beginsale or new text enddisplay of deleted text beginitems fordeleted text endnew text begin sparkling devices, novelties, or
aerial and audible devices from any
new text end permanent or temporary deleted text beginretail sale authorized under
paragraph (c)
deleted text endnew text begin structurenew text end that deleted text begincomplydeleted text endnew text begin compliesnew text end with National Fire Protection Association
Standard 1124 (deleted text begin2003deleted text endnew text begin 2006new text end edition)new text begin, except a local unit of government must require a retail
seller to operate from a conforming permanent structure at each location where aerial and
audible devices are sold for more than 60 days in a calendar year
new text end; deleted text beginor
deleted text end

(3) impose on a retail seller any financial guarantee requirements, including bonding or
insurance provisions, containing restrictions or conditions not imposed on the same basis
on all other business licenseesnew text begin; or
new text end

new text begin (4) enact any ordinance, rule, or regulation that prohibits, limits, or restricts the wholesale
or retail sale of novelties
new text end.

new text begin (d) This section does not preempt a town or home rule charter or statutory city from
enacting and enforcing ordinances under the city charter or chapter 365, 368, 412, or 462,
that regulate the conditions of sale or use for sparkling devices, aerial and audible devices,
and display fireworks.
new text end

new text begin (e) For the purposes of regulating the conditions of sale or use for aerial and audible
devices, display fireworks, sparkling devices, and novelties, a county has the same authority
and power granted to a statutory city by paragraph (d) and chapter 412. If a home rule charter
or statutory city or town has enacted an ordinance, rule, or regulation under paragraph (d),
that ordinance, rule, or regulation prevails within the city or town.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end