New York A 3353: Authorizes the sale of consumer fireworks in the state

Bill Text

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A03353 Summary:

BILL NOA03353A

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SAME ASNo Same As

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SPONSORBlankenbush

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COSPNSRBrabenec, Angelino

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MLTSPNSR

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Amd §392-j, Gen Bus L; amd §§156-h & 156, Exec L; amd §270.00, Pen L; add Art 15 §§330 - 335, Tax L

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Authorizes the sale of consumer fireworks in the state; allows fireworks to be sold between May and December; requires compliance with certain requirements regarding registration and facilities; imposes a tax on the sale of fireworks.

Go to top A03353 Actions:

BILL NOA03353A

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01/27/2025referred to codes

01/07/2026referred to codes

01/22/2026amend and recommit to codes

01/22/2026print number 3353a

Go to topA03353 Committee&nbspVotes:

Go to topA03353 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03353 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3353--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. BLANKENBUSH, BRABENEC, ANGELINO -- read once and
 referred to the Committee on Codes -- recommitted to the Committee on
 Codes in accordance with Assembly Rule 3, sec. 2 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the general business law, the executive law, the penal
 law and the tax law, in relation to authorizing the sale of consumer
 fireworks in the state

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The section heading and subdivision 1 of section 392-j of
 2 the general business law, as added by chapter 477 of the laws of 2014,
 3 are amended and three new subdivisions 1-a, 1-b and 1-c are added to
 4 read as follows:
 5 Sales of sparkling devices or consumer fireworks. 1. [Sales] For the
 6 first two years succeeding the effective date of subdivisions one-a and
 7 one-b of this section, sales of sparkling devices as defined in subpara-
 8 graph (vi) of paragraph (a) of subdivision one of section 270.00 of the
 9 penal law shall be lawful only for a business registered by the state
 10 under section one hundred fifty-six-h of the executive law between [June
 11 first and July fifth or from December twenty-sixth through January
 12 second of each year] the Friday preceding Memorial Day and Labor Day,
 13 and between December twenty-sixth and January second.
 14 1-a. For purposes of this section, "consumer fireworks" shall mean any
 15 combustible or explosive composition or any substance or combination of
 16 substances which is intended to produce visible or audible effects by
 17 combustion, is suitable for use by the public, complies with the
 18 construction, performance, composition and labeling requirements promul-
 19 gated by part 1507 of title sixteen of the code of federal regulations,
 20 or any successor regulation. No consumer fireworks sold in this state
 21 shall exceed a powder weight of five hundred grams. For the first two

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06751-02-6

 A. 3353--A 2

 1 years succeeding the effective date of this subdivision, sales of
 2 consumer fireworks shall be lawful only for a business registered by the
 3 state under section one hundred fifty-six-h of the executive law between
 4 the Friday preceding Memorial Day and Labor Day, and between December
 5 twenty-sixth and January second.
 6 1-b. For every year after the first two years succeeding the effective
 7 date of this subdivision, sales of consumer fireworks and sparkling
 8 devices from permanent structures shall be lawful for a business regis-
 9 tered by the state under section one hundred fifty-six-h of the execu-
 10 tive law beginning May first through December thirty-first of each year.
 11 In the case of sales of consumer fireworks and sparkling devices from a
 12 temporary structure, as defined in paragraph (i) of subdivision one of
 13 section one hundred fifty-six-h of the executive law, such sales shall
 14 be lawful for a business registered by the state under section one
 15 hundred fifty-six-h of the executive law beginning May first through
 16 December thirty-first of each year.
 17 1-c. The