1Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as
2amended, "An act relating to fireworks; defining fireworks;
3prohibiting the sale, regulating the sale, offering or
4exposing for sale and use of fireworks, except in certain
5cases; authorizing cities, boroughs, towns and townships to
6issue permits for fireworks displays, and to regulate the
7same; imposing duties on the Pennsylvania State Police,
8sheriffs and police officers; and providing penalties,"
9further providing for applications for licenses to sell
10fireworks.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Sections 1 and 4.4 of the act of May 15, 1939
14(P.L.134, No.65), referred to as the Fireworks Law, amended or
15added November 30, 2004 (P.L.1598, No.204), are amended to read:

16Section 1. The term "consumer fireworks" shall mean and
17include:

18(1) Any combustible or explosive composition or any
19substance or combination of substances intended to produce
20visible and/or audible effects by combustion and which is
21suitable for use by the public that complies with the

1construction, performance, composition and labeling requirements
2promulgated by the Consumer Products Safety Commission in 16 CFR
3(relating to commercial practices) or any successor regulation
4and which complies with the provisions for "consumer fireworks"
5as defined in the American Pyrotechnics Association (APA)
6Standard 87-1, or any successor standard.

7(2) The term does not include devices as "ground and hand-
8held sparkling devices," "novelties" and "toy caps" in APA
9Standard 87-1, the sale, possession and use of which shall be
10permitted at all times throughout this Commonwealth.

11The term "display fireworks" shall be defined as provided in
1227 CFR § 555.11 (relating to meaning of terms).

13The term "municipalities" shall include cities, boroughs,
14incorporated towns and townships.

15The term "recognized tourist promotion agency" shall mean a
16nonprofit corporation, organization, association or agency which
17is engaged in planning and promoting programs designed to
18stimulate and increase the volume of tourist, visitor and
19vacation business within counties served by the agency.

20Section 4.4. (a) Applications for licenses to sell consumer
21fireworks shall be submitted to the Department of Agriculture on
22forms prescribed and provided by the department. The license
23application shall be accompanied by an annual license fee of
24five thousand dollars ($5,000) per location. Facilities in
25existence on the effective date of this section and new
26facilities shall be inspected by the Department of Agriculture
27within thirty (30) days of receipt of a complete application for
28a license. The Department of Agriculture shall issue a license,
29or deny a license, within fourteen (14) days of completing the
30inspection. A license shall be effective for one year from the

1date the license is issued, and renewal of a license shall be
2automatic upon payment of the license fee, but each facility is
3subject to annual inspection by the Department of Agriculture,
4and at other times at its discretion, during normal business
5hours. No license shall be issued to any convicted felons or to
6any entities where a convicted felon owns any percentage of the
7equity interest in such entity.

8(b) Notwithstanding subsection (a), a recognized tourist
9promotion agency designated by a county of the fourth class
10which operates a facility selling consumer fireworks exclusively
11for an event of an independent worldwide nonprofit organization
12of amateur and professional fireworks enthusiasts for a period
13of time not to exceed ten consecutive days once per year shall
14be licensed but shall not be required to pay a license fee.

15Section 2. This act shall take effect immediately.