Pennsylvania
Pennsylvania Fireworks Laws (2026): Age, Hours, Penalties
Independently fact-checked against primary sources (last audited September 24, 2026). · 14 primary sources cited on this page. How we verify our legal content
Pennsylvania allows adults to buy and use a broad, federally defined "consumer fireworks" category statewide, sold year-round from Department of Agriculture-licensed facilities, but the law layers a detailed set of use restrictions, a municipal hours option that cannot touch state-protected holiday windows, and a sharply tiered penalty ladder, under 3 Pa. C.S. §§1101-1115.
Jurisdiction scope: This article addresses Pennsylvania's state fireworks law under 3 Pa. C.S. Chapter 11 (§§1101 to 1115), as amended by Act 43 of 2017 and Act 74 of 2022: the consumer fireworks definition, purchase age, use restrictions, municipal authority, sales-facility licensing, the consumer fireworks tax, and penalties. It does not address the separate display-fireworks permit process for professional pyrotechnic shows beyond the permit standard itself, or county-level land use or fire-code rules outside this chapter. Sections 1103 and 1110 of the chapter are reserved and carry no current text; Section 1105 (municipal permits for agricultural-purpose display fireworks), Section 1111 (Attorney General registration for anyone who performs or supervises a fireworks display or exhibition for profit), and Section 1113 (statutory allocation of consumer fireworks tax revenue to EMS grants, firefighter training, and loan forgiveness) are administrative or business-facing provisions this article does not separately cover, since none sets a rule an individual buyer or user acts on.
What's Legal: A Broad "Consumer Fireworks" Category
Unlike states that restrict consumers to a narrow novelties list, Pennsylvania adopts the federal industry standard for its consumer category:
"The term includes any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR ... and complies with the provisions for 'consumer fireworks' as defined in APA 87-1, the sale, possession and use of which shall be permitted throughout this Commonwealth."
3 Pa. C.S. §1101, "Consumer fireworks" para. (1)
That definition covers items many states classify as display-only, including firecrackers, Roman candles, and aerial repeaters, so long as they meet the CPSC and APA 87-1 standard. A second, even more permissive category sits outside "consumer fireworks" entirely:
"The term does not include devices such as 'ground and hand-held sparkling devices,' 'novelties' or 'toy caps' in APA 87-1, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth."
3 Pa. C.S. §1101, "Consumer fireworks" para. (2)
Because those items are excluded from "consumer fireworks" by definition, the age-18 purchase gate and the municipal hours option described below do not apply to them.
Display Fireworks and Federally Illegal Explosives
"Display fireworks," defined by reference to 27 CFR 555.11, are commercial and exhibition-grade devices. They may not be ignited within 300 feet of a licensed consumer fireworks sales facility, and a public display requires a municipal permit, a competent operator at least 21 years old with documented handling and safety training, fire-official inspection, and at least $1,000,000 in liability insurance carried by the permittee, under §1102. Separately, a distinct and harsher tier of the law targets devices that are illegal under federal law regardless of Pennsylvania's own categories:
"A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not limited to, those devices commonly referred to as M-80, M-100, blockbuster, cherry bomb or quarter-stick or half-stick explosive devices, in violation of the provisions of this chapter for the first offense commits a felony of the third degree..."
3 Pa. C.S. §1114(4)
Purchase Age
A person must be at least 18 to purchase, possess, or use consumer fireworks:
"A person who is at least 18 years of age may purchase, possess and use consumer fireworks."
3 Pa. C.S. §1104(a)
That age floor does not extend to sparkling devices, novelties, or toy caps, which are excluded from the consumer fireworks definition and are permitted at all times without the statute stating any age condition on them. Separately, a facility licensed to sell consumer fireworks may not admit an unaccompanied minor; a minor may enter only with an adult and must stay with that adult while inside, under §1109(4).
Where and How Consumer Fireworks May Be Used
Beyond the age floor, §1104(b) sets location and conduct rules that apply everywhere in the Commonwealth, with no calendar exception: no use on private or public property, including streets, parking lots, sidewalks, and parks, without the owner's or controlling entity's express permission; no use within, directed at, or directed from a vehicle or building; no use directed at another person; no use while under the influence of alcohol, a controlled substance, or another drug; and no use within 150 feet of a building or vehicle, regardless of who owns it. A related conditional rule protects livestock: no use within 150 feet of an animal housing facility or a fenced livestock enclosure owned by someone else, and a user firing between 150 and 300 feet of one must give the owner or manager 72 hours' written notice in advance, under §1104(c).
Sale Is Year-Round; Use Hours Are a Municipal Option
Pennsylvania sets no statewide sale-date restriction. A licensed facility may sell consumer fireworks year-round, including through an online or mail-order transaction, though delivery must occur at the licensed facility itself, under §1107(9). Use hours work differently: there is no default statewide hours restriction unless a municipality opts in. Where a municipality does act, the statute caps what it may impose:
"Except for the limitations under subsection (b), a municipality may enact the following restrictions on the use of consumer fireworks: Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except: (i) on July 2, 3 and 4 and December 31, when consumer fireworks may be used until 1:00 a.m. the following day; and (ii) when July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday."
3 Pa. C.S. §1106(a)(3)
The same section affirmatively bars a municipality from restricting use at all on specific protected days:
"Except for authority exercised under subsection (a)(1.2), no municipality shall restrict or regulate the use of consumer fireworks on the following days: (1) The days listed in subsection (a)(3)(i) and (ii). (2) Memorial Day, including the immediately preceding Saturday and Sunday. (3) Labor Day, including the immediately preceding Saturday and Sunday."
3 Pa. C.S. §1106(b)
The one exception to that protection is §1106(a)(1.2): a municipality may prohibit use entirely if compliance with the 150-foot building or vehicle buffer in §1104(b)(5) is not achievable within its borders.
Local Option and the Facility Grandfather Clause
A "municipality," defined narrowly as a city, borough, incorporated town, or township, and not a county, may enact conditions, prohibitions, and limitations on consumer fireworks use and sale that do not conflict with the chapter, and may require a use permit, for which any fee must be reasonable, under §1106(a)(1)-(1.1). That local authority has a hard limit protecting existing retailers:
"Facilities with a valid license issued by the department under section 1108(a) or (e) ... prior to or within one year following the effective date of this section shall not be subject to municipal conditions, prohibitions or limitations enacted under paragraph (1) related to the sale of consumer fireworks."
3 Pa. C.S. §1106(a)(2)
A facility that held its Department of Agriculture license early enough is effectively grandfathered against later municipal sale restrictions, even if the municipality later tries to regulate or ban fireworks sales.
Sales Facility Licensing and the Consumer Fireworks Tax
Consumer fireworks may be sold only from a stand-alone, permanent facility licensed by the Department of Agriculture that meets fire-code separation between storage and sales areas, carries a monitored burglar and fire alarm system, runs quarterly fire drills, and, for a facility licensed under §1108(a), sits at least 300 feet from a gasoline, propane, or other flammable-product dispenser and at least 2,500 feet from another consumer-fireworks facility, under §1107. Licensing runs through the Department of Agriculture: a $2,500 nonrefundable initial application fee, plus an annual license fee scaled by square footage ($7,500 up to 10,000 square feet, $10,000 up to 15,000 square feet, $20,000 above that), a one-year license term, and disqualification for a convicted felon or a felon-owned entity, under §1108. A licensed facility must staff security for the seven days before and including July 4 and on December 31, keep smoking materials and minors without an accompanying adult out, carry at least $2,000,000 in liability insurance, and never store display fireworks or federally illegal explosives on-site, under §1109. Every retail sale of consumer fireworks carries a 12% state tax on top of ordinary sales tax, collected by the retailer and remitted to the Department of Revenue, under §1112.
Penalties: A Four-Tier Ladder by Conduct
Pennsylvania does not use one penalty for every violation of the chapter. §1114 sets a distinct tier for each type of conduct:
"A person using consumer fireworks in violation of the provisions of this chapter for the first offense commits a summary offense and, upon conviction, shall ... be punishable by a fine of not more than $500. A subsequent offense ... committed within three years ... shall constitute a summary offense and ... be punishable by a fine of not more than $1,000."
3 Pa. C.S. §1114(1)
"A person selling consumer fireworks in violation of the provisions of this chapter for the first offense commits a misdemeanor of the second degree and, upon conviction, shall ... be punishable by a fine of not less than $10,000. A subsequent offense ... committed within three years ... shall constitute a misdemeanor of the second degree and ... shall be punishable by a fine of not less than $15,000 and a revocation of a license issued under section 1108."
3 Pa. C.S. §1114(2)
Selling or using display fireworks unlawfully is a third-degree felony carrying a fine of at least $10,000 on a first offense and at least $15,000 on a repeat within three years, under §1114(3). Selling a federally illegal explosive, such as an M-80, M-100, blockbuster, cherry bomb, or quarter-stick or half-stick device, or any device not DOT-tested, approved, and labeled, is also a third-degree felony carrying the same $10,000-first, $15,000-repeat fine floor, under §1114(4). Pennsylvania's general sentencing provisions for summary offenses, second-degree misdemeanors, and third-degree felonies set the jail exposure attached to each tier; §1114 itself specifies only the fines. Law enforcement may separately seize any consumer fireworks, display fireworks, or combustibles offered for sale, used, stored, or held unlawfully, at the owner's expense, under §1115.
Crossing State Lines
Federal law sets the floor: 16 CFR 1500.17 and Part 1507 define which consumer devices may be sold at all; 27 CFR 555.141(a)(7) exempts the importation, distribution and storage of consumer fireworks from ATF licensing (manufacture is not exempt); 18 U.S.C. 836 makes it a federal offense, punishable by up to one year, to transport fireworks into any state whose law specifically prohibits or regulates their use, in violation of that law, except in the course of continuous interstate transportation, with exceptions for common carriers, water carriers and federal agencies; and USPS Publication 52 § 341.22 bars fireworks from the mail entirely. Because Pennsylvania's own category is broad, the more common cross-border risk runs the other way: bringing consumer fireworks purchased legally in Pennsylvania into a stricter neighboring state can violate that state's law even though the purchase itself was lawful.
For a neighboring state with a far narrower consumer category, see Ohio's fireworks laws; for another state using the same broad federal consumer-fireworks class, see Texas's fireworks laws.
For how Pennsylvania's rule compares with every other state, see the fireworks laws by state comparison.
Disclaimer: This article provides general legal information about fireworks laws in the United States as of September 2026. It is not legal advice. Fireworks statutes, local ordinances, sale and use windows, and penalties change frequently and are often further restricted by municipal ordinance beyond what state law requires; verify the current rule for your specific municipality before buying, selling, or using fireworks, and consult a lawyer licensed in your state for advice about a specific situation.
Statutes cited reflect their in-force version as of 2026-09-17. Last updated: 2026-09-17.
Frequently Asked Questions
Are fireworks legal in Pennsylvania?
Yes. Pennsylvania permits the broad, federally defined "consumer fireworks" category statewide, including firecrackers, Roman candles, and aerial repeaters, sold to an adult purchaser from a Department of Agriculture-licensed facility, under 3 Pa. C.S. §1101.
How old do you have to be to buy fireworks in Pennsylvania?
At least 18, under 3 Pa. C.S. §1104(a). Ground and hand-held sparkling devices, novelties, and toy caps are not "consumer fireworks" under the statute and are not subject to that age floor.
Can you buy fireworks in Pennsylvania year-round?
Yes. There is no statewide sale-date restriction; a licensed facility may sell consumer fireworks any time of year, including online or by mail order, though delivery must occur at the licensed facility, under §1107(9).
What hours can you legally set off fireworks in Pennsylvania?
There is no default statewide hours rule. A municipality may opt to bar use between 10:00 p.m. and 10:00 a.m. (extended to 1:00 a.m. on July 2, 3, 4, and December 31), but, except where a municipality cannot meet the §1104(b)(5) 150-foot buffer under §1106(a)(1.2), no municipality may restrict use at all on those dates or on Memorial Day or Labor Day weekend, under §1106.
What is the penalty for illegal fireworks use or sale in Pennsylvania?
It depends on the conduct. Unlawful use is a summary offense with a fine up to $500 (up to $1,000 on a repeat within three years). Unlawful sale is a second-degree misdemeanor with a fine starting at $10,000. Selling or using display fireworks unlawfully, or selling a federally illegal explosive such as an M-80 or cherry bomb, is a third-degree felony with a fine starting at $10,000, under 3 Pa. C.S. §1114.
Can a township or city ban fireworks entirely in Pennsylvania?
A municipality can enact conditions and restrictions on consumer fireworks use and sale under §1106, and can prohibit use where the 150-foot buffer required by §1104(b)(5) cannot be met, but it cannot restrict use at all on the protected July 2-4/December 31 window or on Memorial Day or Labor Day weekend, and it cannot impose a new sale restriction on a facility already licensed before, or within one year after, the section took effect.
Updates
Independently fact-checked against the cited primary sources
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 3 (Agriculture)
§ 1104Use of consumer fireworksIn force
(a) Conditions.--A person who is at least 18 years of age may purchase, possess and use consumer fireworks. (b) Prohibitions.--A person may not intentionally use consumer fireworks: (1) On private property or on public property, including, but not limited to, streets, parking lots, sidewalks and parks, without the express permission of the owner or entity that controls the property. (2) Within, directed at or directed from a vehicle or building. (3) Directed at another person. (4) While the person is under the influence of alcohol, a controlled substance or another drug. (5) Within 150 feet of a building or vehicle, whether or not the building or vehicle is owned by the user of the consumer fireworks. (c) Conditional use.--No person may use consumer fireworks within 150 feet of an animal housing facility or a fenced area designed to confine livestock owned or managed by another person.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at palegis.us
§ 1101DefinitionsIn force
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Animal housing facility." A roofed structure or facility, or a portion of the facility, used for occupation by livestock or poultry. "APA 87-1." The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition. "Consumer fireworks." (1) The term includes any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1, the sale, possession and use of which shall be permitted throughout this Commonwealth.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Potomac Coal Co. v. $81,961.13, In the Hands of an Escrow Agent (Superior Court of Pennsylvania 1996, 451 Pa. Super. 289)“…er section 9204(c) of the Uniform Commercial Code (“UCC”), Í3 Pa.C.S. §§ 1101, et seq., 1 are constrained to r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 1102Use of display fireworksIn force
(a) Prohibition.--No display fireworks shall be ignited within 300 feet of a facility that meets the requirements of section 1107 (relating to sales locations). (b) Permit.--Permission shall be given by the governing body of a municipality under reasonable rules and regulations for displays of display fireworks to be held within the municipality. After permission is granted, purchase, possession and use of display fireworks shall be lawful for the use outlined in the permit only. Permits shall not be transferable. (c) Limitations.--Each use of display fireworks shall be: (1) handled by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training; and (2) of a character and so located, discharged or fired as, in the opinion of the chief of the fire department or other appropriate officer as may be designated by the governing body of the municipality, after proper inspection, to not be hazardous to property or endanger any person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1106Rules and regulations by municipalityIn force
(a) Authorization.-- (1) Except for the limitations under subsection (b), a municipality may enact conditions, prohibitions and limitations on the use and sale of consumer fireworks that are not in conflict with this chapter. (1.1) Except for the limitations under subsection (b), a municipality may require a permit for the use of consumer fireworks. A fee for a permit shall be reasonable. (1.2) A municipality may prohibit the use of consumer fireworks if the use of the consumer fireworks within the municipality cannot comply with section 1104(b)(5) (relating to use of consumer fireworks). (2) Facilities with a valid license issued by the department under section 1108(a) or (e) (relating to fees, granting of licenses and inspections) prior to or within one year following the effective date of this section shall not be subject to municipal conditions, prohibitions or limitations enacted under paragraph (1) related to the sale of consumer fireworks. (3) Except for the limitations under subsection (b), a municipality may enact the following restrictions on the use of consumer fireworks: Consumer fireworks may not be used between the hours of 10:00 p.m.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1107Sales locationsIn force
Consumer fireworks shall be sold only from facilities which are licensed by the Department of Agriculture and that meet the following criteria: (1) The facility shall comply with the provisions of the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act. (2) The facility shall be a stand-alone, permanent structure. (3) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation. (4) For a facility issued a license under section 1108(a) (relating to fees, granting of licenses and inspections), the facility shall be located no closer than 300 feet from a facility selling or dispensing gasoline, propane or other flammable products. (5) For a facility issued a license under section 1108(a), the facility shall be located at least 2,500 feet from another facility licensed to sell consumer fireworks. (6) The facility shall have a monitored burglar and fire alarm system. (7) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department. (8) (Reserved).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1108Fees, granting of licenses and inspectionsIn force
(a) Initial application fees.-- (1) An initial application for a license to sell consumer fireworks shall be submitted to the Department of Agriculture on forms prescribed and provided by the department with a nonrefundable application fee as follows: (i) For a facility meeting the requirements of section 1107 (relating to sales locations), the application shall be submitted with a nonrefundable application fee of $2,500. (ii) (Reserved). (2) An application under paragraph (1) shall also be accompanied by the appropriate annual license fee as provided in subsection (b). (b) Annual license fees.--The annual license fee for a facility licensed to sell consumer fireworks shall be as follows: (1) $7,500 for a location up to 10,000 square feet; (2) $10,000 for a location greater than 10,000 and up to 15,000 square feet; and (3) $20,000 for a location greater than 15,000 square feet. (c) Time limitations and inspections.-- (1) A facility meeting the requirements of section 1107 shall be inspected by the Department of Agriculture within 30 days of receipt of a complete application for a license.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1109Conditions for facilitiesIn force
A facility licensed by the Department of Agriculture under section 1108 (relating to fees, granting of licenses and inspections) shall be exclusively dedicated to the storage and sale of consumer fireworks and related items, and the facility shall operate in accordance with the following rules: (1) There shall be security personnel on the premises for the seven days preceding and including July 4 and on December 31. (2) No smoking shall be permitted in the facility. (3) No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility. (4) No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility. (5) All facilities shall carry at least $2,000,000 in public and product liability insurance. (6) A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1105Agricultural purposesIn force
(a) Authorization.--The governing body of a municipality may, under reasonable rules and regulations adopted by it, grant permits for the use of display fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage. (b) Duration of permit.--A permit under this section shall remain in effect for the calendar year in which it was issued. (c) Conditions.--After a permit under this section has been granted, sales, possession and use of display fireworks for the purpose mentioned in the permit shall be lawful for that purpose only.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1112Consumer fireworks taxIn force
(a) Imposition.--In addition to any other tax imposed by law, a tax is imposed on each separate sale at retail of consumer fireworks, which tax shall be collected by the retailer from the purchaser at the time of sale and shall be paid over to the Commonwealth as provided in this section. A tax imposed under this subsection on each separate sale at retail shall be paid to and received by the Department of Revenue and, along with interest and penalties, shall be deposited into the General Fund. (b) Rate.--The tax authorized under subsection (a) shall be imposed and collected at the rate of 12% of the purchase price per item sold. The purchase price shall not include State and local sales taxes. (c) Collection and administration.--The provisions of Part VI of Article II of the Tax Reform Code shall apply to the tax authorized under subsection (a). No additional fee shall be charged for a license or license renewal other than the license or annual license fee required under section 1108 (relating to fees, granting of licenses and inspections) and the license or renewal fee authorized and imposed under Article II of the Tax Reform Code.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1114PenaltiesIn force
The following shall apply: (1) A person using consumer fireworks in violation of the provisions of this chapter for the first offense commits a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $500. A subsequent offense under this paragraph committed within three years of a prior conviction under this paragraph shall constitute a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $1,000. (2) A person selling consumer fireworks in violation of the provisions of this chapter for the first offense commits a misdemeanor of the second degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1115Removal, storage and destructionIn force
(a) Authority.--The Pennsylvania State Police, a municipal police officer as defined in 42 Pa.C.S. § 8951 (relating to definitions) who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy or a member of a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, used, stored or held in violation of this chapter. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks. (b) Cost recovery.--A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall attempt to recover any costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles under subsection (a) from the owner of the consumer fireworks.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
§ 1111Attorney GeneralIn force
An individual or entity which performs, provides or supervises consumer fireworks or display fireworks displays or exhibitions for profit shall register annually with the Attorney General in accordance with 37 Pa. Code Ch. 711 (relating to registration for fireworks displays). A certificate of registration issued by the Attorney General shall be provided upon request by law enforcement officials.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at palegis.us
Code of Federal Regulations Title 16
§ 1500.17Banned hazardous substances.In forcecited in 36 of our articles
(a) Under the authority of section 2(q)(1)(B) of the act, the Commission declares as banned hazardous substances the following articles because they possess such a degree or nature of hazard that adequate cautionary labeling cannot be written and the public health and safety can be served only by keeping such articles out of interstate commerce: (1) Mixtures that are intended primarily for application to interior masonry walls, floors, etc., as a water repellant treatment and that are “extremely flammable” within the meaning of section 2(1) of the act (repeated in § 1500.3(b)(10)). (2) Carbon tetrachloride and mixtures containing it (including carbon tetrachloride and mixtures containing it used in fire extinguishers), excluding unavoidable manufacturing residues of carbon tetrachloride in other chemicals that under reasonably foreseeable conditions of use do not result in an atmospheric concentration of carbon tetrachloride greater than 10 parts per million.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ecfr.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. Midwest Fireworks Mfg. Co., Inc. Fireworks of America Ltd. Corp. Pacific Fin. Servs. Of America, Inc. Larry Lomaz David Bowman (Court of Appeals for the Sixth Circuit 2001, 248 F.3d 563)“…venty-nine types of fireworks and the constitutionality of 16 C.F.R. § 1500.17 (a)(3) (2001). We affirm. BACKGR…”
- United States v. Charles Focht, an Individual, and Mark Focht, an Individual, Doing Business Under the Name Liberty Industries (Court of Appeals for the Third Circuit 1989, 882 F.2d 55)“…al, the government asserts the district court misconstrued 16 C.F.R. § 1500.17 (a)(3), (8) when it held the regulation…”
- United States v. Shelton Wholesale, Inc. (District Court, W.D. Missouri 1999, 34 F. Supp. 2d 1147)“…ams) of pyrotechnic composition (the "amount test"). See 16 C.F.R. § 1500.17 (a)(3). 2. for all "[r]eloadable tube…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Fireworks Laws by State (2026): What Is Legal, Sale Dates, Penalties, Delaware Fireworks Laws (2026): Sparklers, Novelties, Dates, DC Fireworks Laws: Permitted List, Licensing, Penalties
Code of Federal Regulations Title 27
§ 555.11Meaning of terms.In forcecited in 6 of our articles
When used in this part, terms are defined as follows in this section. Words in the plural form include the singular, and vice versa, and words indicating the masculine gender include the feminine. The terms “includes” and “including” do not exclude other things not named which are in the same general class or are otherwise within the scope of the term defined. Act. 18 U.S.C. Chapter 40. Adjudicated as a mental defective. (a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs. (b) The term will include— (1) A finding of insanity by a court in a criminal case; and (2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility by any court or pursuant to articles 50a and 76b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b. Alien. Any person who is not a citizen or national of the United States. Ammunition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. Sam Droganes (Court of Appeals for the Sixth Circuit 2013, 728 F.3d 580)“…material,” in turn, is defined by federal regulations. See 27 C.F.R. §§ 555.11, .23. The list includes “display firewo…”
- Tripoli Rocketry Ass'n v. Bureau of Alcohol, Tobacco, Firearms, & Explosives (Court of Appeals for the D.C. Circuit 2006, 437 F.3d 75)“…ich releases and directs work through a propellant charge.” 27 C.F.R. § 555.11 (2005). Appellants claim that there…”
- United States v. Colon-Osorio (Court of Appeals for the First Circuit 2004, 360 F.3d 48)“…the Bureau of Alcohol, Tobacco, and Firearms. See 27 C.F.R. § 555.11 (2003) (defining "flash powder" as "[a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Fireworks Laws (2026): Permissible Fireworks, Penalties, Maine Fireworks Laws (2026): Age 21, Hours, Penalties, Montana Fireworks Laws (2026): Sale Windows and Penalties
§ 555.141Exemptions.In forcecited in 41 of our articles
(a) General. Except for the provisions of §§ 555.180 and 555.181, this part does not apply to: (1) Any aspect of the transportation of explosive materials via railroad, water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies, and which pertains to safety. For example, regulations issued by the Department of Transportation addressing the security risk of aliens transporting explosives by commercial motor or railroad carrier from Canada preclude the enforcement of 18 U.S.C. 842(i)(5) against persons shipping, transporting, receiving, or possessing explosives incident to and in connection with the commercial transportation of explosives by truck or rail from Canada into the United States. Questions concerning this exception should be directed to ATF's Explosives Industry Program Branch in Washington, DC. (2) The use of explosive materials in medicines and medicinal agents in the forms prescribed by the official United States Pharmacopeia or the National Formulary.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2006
Opinions citing this section in our collection:
- Tripoli Rocketry Ass'n v. Bureau of Alcohol, Tobacco, Firearms, & Explosives (Court of Appeals for the D.C. Circuit 2006, 437 F.3d 75)“…imported, or distributed for their intended purposes.” See 27 C.F.R. § 555.141(a)(8) (2005) (current exemption); 26 C.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Fireworks Laws (2026): Sparklers vs. Holiday Rules, Georgia Fireworks Laws (2026): Legal Statewide, No Local Ban, Hawaii Fireworks Laws (2026): Permits, Use Windows, and Penalties
Code of Federal Regulations Title 49
§ 173.54Forbidden explosives.In force
Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported: (a) An explosive that has not been approved in accordance with § 173.56 of this subpart. (b) An explosive mixture or device containing a chlorate and also containing: (1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or (2) An acidic substance, including a salt of a weak base and a strong acid. (c) A leaking or damaged package or article containing an explosive. (d) Propellants that are unstable, condemned or deteriorated. (e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter. (f) A loaded firearm (except as provided in 49 CFR 1544.219). (g) Fireworks that combine an explosive and a detonator. (h) Fireworks containing yellow or white phosphorus. (i) A toy torpedo, the maximum outside dimension of which exceeds 23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium chlorate, black antimony (antimony sulfide), and sulfur, if the weight of the explosive material in the device exceeds 0.26 g (0.01 ounce).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- MCR Oil Tools v. TRAN (Court of Appeals for the Fifth Circuit 2024, 110 F.4th 677)“…be offered for transportation or transported’ pur- suant to 49 CFR § 173.54(a).” AR.22:6. C. The Petition for…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 836Transportation of fireworks into State prohibiting sale or useIn forcecited in 52 of our articles
Whoever, otherwise than in the course of continuous interstate transportation through any State, transports fireworks into any State, or delivers them for transportation into any State, or attempts so to do, knowing that such fireworks are to be delivered, possessed, stored, transshipped, distributed, sold, or otherwise dealt with in a manner or for a use prohibited by the laws of such State specifically prohibiting or regulating the use of fireworks, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to a common or contract carrier or to international or domestic water carriers engaged in interstate commerce or to the transportation of fireworks into a State for the use of Federal agencies in the carrying out or the furtherance of their operations. In the enforcement of this section, the definitions of fireworks contained in the laws of the respective States shall be applied. As used in this section, the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia. This section shall be effective from and after July 1, 1954.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. James A. Womack (Court of Appeals for the Fifth Circuit 1981, 654 F.2d 1034)“…eworks has been traditionally left to the states. He cites 18 U.S.C.A. § 836 , which prohibits the transportation of…”
- United States v. Bernard J. Semel (Court of Appeals for the Fourth Circuit 1965, 347 F.2d 228)“…y an information containing eighteen counts with violating 18 U.S.C.A. § 836 by having feloniously caused to be tra…”
- Cohen v. Bredehoeft (District Court, S.D. Texas 1968, 290 F. Supp. 1001)“…the states from legislating in this area. On the contrary, 18 U.S.C. Sec. 836 indicates an intent to encourage state…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Fireworks Laws (2026): Legal Fireworks, Age Rules, Penalties, Alaska Fireworks Laws (2026): Age-18 Minimum, No Sale Window, Arizona Fireworks Laws (2026): Legal Devices, Local Rules, Penalties
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 3 Pa. C.S. §1101 - Definitions (consumer fireworks, display fireworks, municipality)(palegis.us).gov
- 3 Pa. C.S. §1102 - Use of display fireworks(palegis.us).gov
- 3 Pa. C.S. §1104 - Use of consumer fireworks (purchase age, prohibited uses, 150-foot buffer)(palegis.us).gov
- 3 Pa. C.S. §1106 - Rules and regulations by municipality (use hours, protected holidays, grandfather clause)(palegis.us).gov
- 3 Pa. C.S. §1107 - Sales locations(palegis.us).gov
- 3 Pa. C.S. §1108 - Fees, granting of licenses and inspections(palegis.us).gov
- 3 Pa. C.S. §1109 - Conditions for facilities(palegis.us).gov
- 3 Pa. C.S. §1112 - Consumer fireworks tax (12%)(palegis.us).gov
- 3 Pa. C.S. §1114 - Penalties (use, sale, display fireworks, federally illegal explosives)(palegis.us).gov
- 16 C.F.R. § 1500.17 - CPSC banned-hazardous-substance device standards for fireworks(ecfr.gov).gov
- 16 C.F.R. Part 1507 - Fireworks devices consumer product safety standard(ecfr.gov).gov
- 27 C.F.R. § 555.141(a)(7) - ATF explosives-licensing exemption for importation, distribution, and storage of consumer fireworks(ecfr.gov).gov
- 18 U.S.C. § 836 - Transportation of fireworks into a state that specifically prohibits or regulates their use(uscode.house.gov).gov
- USPS Publication 52 § 341.22 - All fireworks are nonmailable explosives(pe.usps.com).gov