Pennsylvania HB 875: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in fireworks, further providing for definitions, for use of display fireworks and for use of consumer fireworks and repealing provisions relating to rules and regulations by municipality, to sales locations, to fees, granting of licenses and inspections, to refusal, suspension or revocation of license, to conditions for facilities, to consumer fireworks tax and to disposition of certain funds.

Bill Text

PRINTER'S NO. 915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 875
Session of
2025
INTRODUCED BY PROBST, FREEMAN, HILL-EVANS, KHAN, SANCHEZ, GIRAL,
DALEY, CEPEDA-FREYTIZ AND GREEN, MARCH 11, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 11, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in fireworks, further providing for definitions,
for use of display fireworks and for use of consumer
fireworks and repealing provisions relating to rules and
regulations by municipality, to sales locations, to fees,
granting of licenses and inspections, to refusal, suspension
or revocation of license, to conditions for facilities, to
consumer fireworks tax and to disposition of certain funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "consumer fireworks" in section
1101 of Title 3 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 1101. Definitions.
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:
* * *
"Consumer fireworks."
(1) The term includes any combustible or explosive
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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].
(2) 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.
* * *
Section 2. Sections 1102(a) and 1104 of Title 3 are amended
to read:
§ 1102. Use of display fireworks.
(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)] sells display
fireworks.
* * *
§ 1104. Use of consumer fireworks.
[(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,
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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. If a person uses consumer fireworks at a distance of 150
to 300 feet from an animal housing facility or fenced area
designed to confine livestock owned or managed by another
person, the user of consumer fireworks shall notify in writing
the owner or manager of the livestock at least 72 hours in
advance of the use that consumer fireworks will be used in the
area.] A person may not purchase, possess or use consumer
fireworks.
Section 3. Sections 1106, 1107, 1108, 1108.1, 1109, 1112 and
1113 of Title 3 are repealed:
[§ 1106. Rules and regulations by municipality.
(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
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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) relat