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Legislation Document
SPONSOR:
Rep. Wilson-Anton
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 1
TO
HOUSE BILL NO. 63
AMEND House Bill No. 63 on line 10 by deleting "
30-day
15-day
" as it appears therein and inserting in lieu thereof “30-day”.
FURTHER AMEND House Bill No. 63 on line 36 by deleting "
90 days prior to the 15-day
" as it appears therein and inserting in lieu thereof "
60 days prior to the 30-day
".
FURTHER AMEND House Bill No. 63 on line 40 by deleting "
15-day
" as it appears therein and inserting in lieu thereof "
30-day
".
FURTHER AMEND House Bill No. 63 by deleting line 64 in its entirety and inserting in lieu thereof "
(a) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing pyrotechnic mixture that includes an audio or visual depiction of aerial fireworks or specifically advertises the sale of aerial fireworks may be distributed,
".
FURTHER AMEND House Bill No. 63 by inserting after line 68 and before line 69 the following:
“
(b) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains, at a minimum, a warning that fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1, that Delaware law limits the types of fireworks that may be used, that a permit may be required to use fireworks, and that potential purchasers should check their local and state laws before purchasing or using the advertised products.
(c) No billboard in this State may advertise the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, unless the advertising contains, in a font of sufficient size and legibility that can be read easily by an operator of a vehicle on the roadway towards which the billboard faces, the following language: “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.
”.
FURTHER AMEND House Bill No. 63 on line 69 by deleting "
(b)
" as it appears therein and inserting in lieu thereof "
(d)
".
FURTHER AMEND House Bill No. 63 on line 70 by deleting “
subsection (a)
” as it appears therein and inserting in lieu thereof “
subsections (a), (b), or (c)
”.
FURTHER AMEND House Bill No. 63 by deleting line 75 in its entirety and inserting in lieu thereof “
(e) No sale of fireworks or products containing any pyrotechnic mixture designed or intended for display listed in § 6901(a) of this title, or of any devices listed in § 6901(d) of this title containing an amount of pyrotechnic mixture exceeding the maximum limits set forth in § 6901(d) of this title, may be made in this State unless the
”.
FURTHER AMEND House Bill No. 63 by inserting after line 81 and before line 82 the following:
“
(3) Information on the safe usage and disposal of fireworks and similar products.
(4) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.
(f) No sale of fireworks or products containing any pyrotechnic mixture that may be possessed or used in this State without a permit on July 4, the third day of Diwali, December 31, and January 1 may be made in this State unless the purchaser is provided with a written notification containing a warning on letter-sized paper containing the following information:
(1) Information on the safe usage and disposal of fireworks and similar products.
(2) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.
”.
FURTHER AMEND House Bill No. 63 by inserting after line 91 the following:
“Section 5. This Act takes effect on January 1 following its enactment into law.”.
SYNOPSIS
This Amendment to House Bill No. 63 changes the required advertising disclosures contained in House Bill No. 63. If an advertisement in this State depicts or advertises aerial fireworks, it must include a warning that fireworks are generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products. If an advertisement does not contain or depict aerial fireworks, it need only contain warnings that (1) fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1; (2) Delaware law limits the types of fireworks that may be used; (3) a permit may be required; and (4) potential purchasers should check their local and state laws before purchasing or using the advertised products. For billboard advertisements, a large and legible font must read “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.”
Where House Bill No. 63 changed the 30-day sales period prior to the 4 holidays during which fireworks can be used to a 15-day sales period, this Amendment leaves it as a 30-day sales period. Where House Bill No. 63 required that a person seeking to sell fireworks must apply for a permit 90 days before the sales period, this Amendment requires the application 60 days before the sales period.
This Amendment further provides for two different categories of disclosures at the time of sale. For the sale of fireworks requiring a permit or otherwise containing pyrotechnic substances above the threshold limits allowable without a permit, the disclosure to buyers must include notice that (1) the fireworks may be illegal and illegal possession or use may result in financial penalties; (2) fireworks are dangerous and improper use may result in death or serious physical injury; (3) information on the safe usage and disposal of fireworks; and (4) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day. For the sale of fireworks that individuals may use and possess without a permit, the disclosure to buyers must include (1) information on the safe usage and disposal of fireworks and (2) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.