Connecticut Seal

General Assembly

 

Raised Bill No. 435

February Session, 2018

 

LCO No. 2167

 

*02167_______GL_*

Referred to Committee on GENERAL LAW

 

Introduced by:

 

(GL)

 

AN ACT CONCERNING THE SALE AND USE OF CONSUMER GRADE FIREWORKS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) Notwithstanding the provisions of subsection (a) of section 29-357 of the general statutes, as amended by this act, a person twenty-one years of age or older may offer for sale, expose for sale, sell at retail or possess with intent to sell, or possess, use or explode consumer fireworks, as defined in 27 CFR 555.11. Any person offering for sale, exposing for sale, selling at retail or possessing with intent to sell such fireworks shall hold a federal fireworks license issued pursuant to 18 USC Section 843. The Commissioner of Consumer Protection, at the commissioner's discretion, may conduct an inspection of the premises where the consumer fireworks are to be sold, stored and offered for sale prior to such person offering such consumer fireworks for sale to the public at retail.

(b) A person twenty-one years of age or older may use or explode consumer fireworks between six o'clock p.m. and eleven o'clock p.m. on any day, and such person may use or explode consumer fireworks for the first hour of New Year's Day, in addition to said hours.

(c) A person who offers or exposes for sale, sells at retail or possess consumer fireworks with intent to sell in violation of subsection (a) of this section shall have committed an unfair or deceptive act or practice pursuant to subsection (a) of section 42-110b of the general statutes.

(d) A person who offers for sale, exposes for sale, sells at retail, possesses with intent to sell, or possess, uses or explodes consumer fireworks in violation of subsection (a) or (b) of this section shall be guilty of a class C misdemeanor.

Sec. 2. Subsection (a) of section 29-357 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection (a) of section 1 of this act and subsection (b) of this section, no person, firm or corporation shall offer for sale, expose for sale, sell at retail or use or explode or possess with intent to sell, use or explode any fireworks. A person who is sixteen years of age or older may offer for sale, expose for sale, sell at retail, purchase, use or possess with intent to sell or use sparklers or fountains of not more than one hundred grams of pyrotechnic mixture per item, which are nonexplosive and nonaerial, provided (1) such sparklers and fountains do not contain magnesium, except for magnalium or magnesium-aluminum alloy, (2) such sparklers and fountains containing any chlorate or perchlorate salts do not exceed five grams of composition per item, and (3) when more than one fountain is mounted on a common base, the total pyrotechnic composition does not exceed two hundred grams.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

29-357(a)

Statement of Purpose:

To permit the sale and use of consumer grade fireworks.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]