Bill > A03353

This bill authorizes the sale of consumer fireworks in the state, defining "consumer fireworks" as combustible or explosive items suitable for public use that produce visible or audible effects and comply with federal regulations, with a powder weight limit of 500 grams. Initially, for the first two years, sales are permitted only between the Friday before Memorial Day and Labor Day, and between December 26th and January 2nd, requiring businesses to be registered with the state. After this initial period, sales from permanent structures will be allowed from May 1st to December 31st annually, with temporary structures also permitted during this extended timeframe, provided they meet specific facility and safety requirements, such as being stand-alone structures, having separated storage areas, being a minimum distance from flammable products and other registered fireworks facilities, and possessing a monitored alarm system. The bill also prohibits the sale of consumer fireworks in cities with a population of one million or more, or in counties with a population of 1.25 million or more that are not entirely within such a city. Furthermore, it mandates annual registration for all manufacturers, distributors, wholesalers, and retailers of consumer fireworks and sparkling devices (which are defined as items producing visible effects by combustion, suitable for public use, and complying with federal regulations) with the office of fire prevention and control, establishing detailed requirements for registration forms, facility criteria, operational rules, and fees, with revenues from these fees dedicated to firefighter safety and training programs. Finally, the bill imposes a 15% excise tax on the retail sale of consumer fireworks, collected by the retailer from the consumer.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A3353