An Act To Restrict the Sale, Purchase and Use of Fireworks in the State
Maine Legislature, Session 126, LD 0111
Committee: Criminal Justice and Public Safety
Sponsors: LAJOIE, CLEVELAND, BOLDUC, CAREY, LIBBY, ROTUNDO, WERTS, CRAVEN
Amends: 8 MRSA §221-A, 8 MRSA §223, 8 MRSA §223-A, 8 MRSA §236

Legislative Document 
No. 111 
H.P. 93 
House of Representatives, January 29, 2013 
An Act To Restrict the Sale, Purchase and Use of Fireworks in the 
State 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LAJOIE of Lewiston. 
Cosponsored by Senator CLEVELAND of Androscoggin and 
Representatives: BOLDUC of Auburn, CAREY of Lewiston, LIBBY of Lewiston, ROTUNDO 
of Lewiston, WERTS of Auburn, Senator: CRAVEN of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §221-A, sub-§1-A, as enacted by PL 2011, c. 416, §1 and 
affected by §9, is repealed. 
Sec. 2.  8 MRSA §221-A, sub-§3-A, as enacted by PL 2011, c. 416, §2 and 
affected by §9, is repealed. 
Sec. 3.  8 MRSA §221-A, sub-§4, as amended by PL 2011, c. 416, §3 and 
affected by §9, is further amended to read: 
4.  Fireworks.  "Fireworks" means any: 
A.  Combustible or explosive composition or substance; 
B.  Combination of explosive compositions or substances; 
C.  Other article that was prepared for the purpose of producing a visible or audible 
effect by combustion, explosion, deflagration or detonation, including blank 
cartridges or toy cannons in which explosives are used, the type of balloon that 
requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman 
candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents and other 
fireworks of like construction; 
D.  Fireworks containing any explosive or flammable compound; or 
E.  Tablets or other device containing any explosive substance or flammable 
compound. 
The term "fireworks" does not include consumer fireworks or toy pistols, toy canes, toy 
guns or other devices in which paper caps or plastic caps containing 25/100 grains or less 
of explosive compound are used if they are constructed so that the hand can not come in 
contact with the cap when in place for the explosion, toy pistol paper caps or plastic caps 
that contain less than 20/100 grains of explosive mixture, sparklers that do not contain 
magnesium chlorates or perchlorates or signal, antique or replica cannons if no projectile 
is fired. 
Sec. 4.  8 MRSA §223, sub-§1, as amended by PL 2011, c. 416, §4 and affected 
by §9, is further amended to read: 
1.  Sale of fireworks prohibited.  Except for the sale of consumer fireworks under 
section 223-A, a A person may not sell, possess with the intent to sell or offer for sale 
fireworks. 
Sec. 5.  8 MRSA §223-A, as enacted by PL 2011, c. 416, §5 and affected by §9, is 
repealed. 
Sec. 6.  8 MRSA §236, as repealed and replaced by PL 2011, c. 416, §6 and 
affected by §9, is repealed and the following enacted in its place: 
§236.  Adoption of rules 
1.  Routine technical rules.  The commissioner shall, in accordance with the Maine 
Administrative Procedure Act, adopt reasonable rules relative to the use, storage, 
transportation and display of fireworks and special effect pyrotechnics.  Rules adopted 
pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
Sec. 7.  PL 2011, c. 416, §7 is repealed. 
SUMMARY 
This bill repeals the provisions of law enacted in Public Law 2011, chapter 416 that 
permit the sale, purchase and use of consumer fireworks.