An Act To Restrict the Sale, Purchase and Use of Fireworks in the State
Maine Legislature, Session 130, LD 1307
Committee: Criminal Justice and Public Safety
Sponsors: CLOUTIER, LIBBY, BROOKS, CRAVEN, FAY, HEPLER, RECKITT, DESCHAMBAULT
Amends: 8 MRSA §221-A, 8 MRSA §223, 8 MRSA §223-A, 8 MRSA §236, 30-A MRSA §7051

Legislative Document
No. 1307
H.P. 963
House of Representatives, March 30, 2021
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.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BROOKS of Lewiston, CRAVEN of Lewiston, FAY of Raymond, HEPLER 
of Woolwich, RECKITT of South Portland, Senator: DESCHAMBAULT of York.
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by §9, is repealed.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by §9, is repealed.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 by amending the first blocked paragraph to read:
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Sec. 5.  8 MRSA §223-A, as amended by PL 2019, c. 646, §1, is repealed.
Sec. 6.  8 MRSA §236, as repealed and replaced by PL 2011, c. 416, §6 and affected 
by §9, is repealed and the following enacted in its place: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
The commissioner shall 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.  30-A MRSA §7051, sub-§11, as amended by PL 2019, c. 138, §1, is further 
amended to read:
11.  Ordinances.  Chapter 141, but only with respect to animal control ordinances, 
subject to Title 7, section 3950, the sale and use of consumer fireworks within the 
plantation, subject to Title 8, section 223‑A, and the accumulation of garbage, refuse, 
rubbish or trash or unwanted or discarded material of any kind or source on private 
property.
Sec. 8.  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.