Articles pyrotechnic. Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432.
Yes. Fireworks display cakes and fireworks display roman candles that contain only salutes, and exceed the limits of explosive materials for classification as “consumer fireworks” as defined in 27 CFR § 555.11, are classified as bulk salutes. Bulk salutes are high explosives and must be stored in Type-1 or Type-2 magazines.
Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption. Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.It should be noted that persons engaged in the business of importing or manufacturing smokeless powder designed for any use must have a Federal explosives license. Further, importers of smokeless powder designed for use in small arms ammunition must also possess an ATF firearms importers license (Type 08 or 11); must register with ATF under the provisions of the Arms Export Control Act; and must submit (to ATF) and receive an approved ATF Form 6 – part I (5330.3A), Application and Permit for Importation of Firearms Ammunition and Implements of War.
Generally, the importation, distribution, and storage of fireworks defined as consumer fireworks are exempted from the provisions of the federal explosives laws. However, because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of consumer fireworks requires a manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of consumer fireworks must be stored in accordance with regulations in 27 CFR Subpart K. Consumer fireworks are defined as "any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of flash powder, and aerial devices containing 130 mg or less of flash powder. Consumer fireworks are classified as fireworks UN0336 and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components which together exceed 50 mg of salute powder."[27 CFR 555.11: definition of "consumer fireworks"; definition of "licensed manufacturer", 555.141(a)(7)]
Yes. Display fireworks include, but are not limited to, salutes containing more than 2 grains (130 mg) of flash powder, aerial shells containing more than 40 grams of pyrotechnic compositions (excluding the lift charge), and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". These fireworks are classified as fireworks UN0333, UN0334, or UN0335 by regulations of the U.S. Department of Transportation at 49 CFR 172.101. Display fireworks also include fused set pieces containing components which together exceed 50 mg of salute powder. Any fireworks defined as “display fireworks” in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport “consumer fireworks” or “articles pyrotechnic”.[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7); 27 CFR 555.11: definition of "display fireworks"]
Display fireworks, with the exception of bulk salutes, are considered low explosives and, at a minimum, must be stored in type 4 storage magazines. They may also be stored in type 1 or type 2 magazines. Bulk salutes, which are defined as either salute components prior to final assembly into aerial shells, (or) finished salute shells held separately prior to being packed with other types of display fireworks, are classified as high explosives. As such, bulk salutes may only be stored in type 1 or type 2 magazines specifically constructed for the storage of high explosives.[27 CFR 555.11, 555.202(b), 555.203(d), 555.207, 555.208, 555.210]
Federal explosives regulations generally exempt the importation, distribution, and storage of items classified as UN0431 or UN0432 explosives―by the U.S. Department of Transportation (DOT) at 49 CFR 172.101―and generally known as “articles pyrotechnic.” However, not all items classified by DOT as articles pyrotechnic are exempt from ATF regulations. To be exempt, the items must meet all criteria found in the definition for “articles pyrotechnic” at 27 CFR 555.11, “Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432.” In evaluating whether a particular device is exempt under 27 CFR 555.141(a)(7), ATF considers, in part, the intended use and function of the device, net explosive weight, chemical composition, and construction.Because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of items defined as “articles pyrotechnic” requires an ATF manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of articles pyrotechnic must be stored in accordance with regulations in 27 CFR Subpart K. The [27 CFR 555.11: definitions of “articles pyrotechnic” and “consumer fireworks”, 555.141(a)(7)]
Fireworks process buildings include any buildings in which pyrotechnic compositions or explosives materials are mixed, pressed, finished, or assembled. Outdoor pyrotechnic mixing areas (e.g., areas used for mixing flash or black powder) are included in the definition of fireworks mixing buildings and are therefore considered “fireworks process buildings” which are subject to the distance and weight limitations addressed at 27 CFR §§ 555.222 and 555.223. Fireworks process buildings do not include plant warehouses, office buildings, or other buildings and areas in which no fireworks, pyrotechnic compositions, or explosive materials are processed or stored. Further, ATF has determined that open outdoor areas used for assembly operations other than mixing would not fall within the definition of “fireworks process buildings” because the term “area” is only used for defining “fireworks mixing building”. Keep in mind that all pyrotechnic mixing and assembling operations in process buildings must meet the aforementioned distance and weight limitations in §§ 555.222 and 555.223. [27 CFR 555.11: definition of “fireworks process building”]
(d) The regulations set forth in §§ 555.221 through 555.224 pertain to the storage of display fireworks, pyrotechnic compositions, and explosive materials used in assembling fireworks and articles pyrotechnic.
There are 3 classes of explosive materials:(a) High explosives (for example, dynamite, flash powders, and bulk salutes);(b) Low explosives (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and “display fireworks”, except for bulk salutes); and(c) Blasting agents (for example, ammonium nitrate-fuel oil and certain water gels).[27 CFR 555.202]
(2) Alternate means of identification. The Director may authorize other means of identifying explosive materials, including fireworks, upon receipt of a letter application from the licensed manufacturer or licensed importer showing that such other identification is reasonable and will not hinder the effective administration of this part.
Yes. Under 27 CFR § 555.109(c)(3), licensed importers must place the required marks on each cartridge, bag, or other immediate container of explosive materials that are imported for sale or distribution, as well as on any outside container used for the packaging of such explosive materials. The markings must also be included on each display candle and display cake.
No. If all of your imported fireworks are used for your company’s display shows, no import markings are required. However, any subsequent distribution of display fireworks without the proper markings required by 27 CFR § 555.109 would place you in violation of Federal explosives laws. Import markings are required to be placed on display fireworks for sale or distribution within 15 days following their release from U.S. Customs custody.
Federal regulations at 27 CFR § 555.109 require that you mark all explosive materials imported for sale or distribution. You need not mark those materials imported for your own use. However, the fact that the structure of your operations makes it difficult to distinguish materials imported for sale from those imported for your own use may make it practical for you to mark all of the imported display fireworks. Bear in mind that any materials to be sold or distributed must be marked within 15 days after release from U.S. Customs custody. Therefore, those materials not marked within 15 days may not be later marked and sold or otherwise distributed.
(7) The importation, distribution, and storage of fireworks classified as UN0336, UN0337, UN0431, or UN0432 explosives by the U.S. Department of Transportation at 49 CFR 172.101 and generally known as “consumer fireworks” or “articles pyrotechnic.”
Any fireworks defined as "display fireworks" in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport "consumer fireworks" or "articles pyrotechnic".[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7)]
In taking the inventory required by §§ 555.122, 555.123, 555.124, and 555.125, a licensee or permittee shall enter the inventory in a record of daily summary transactions to be kept at each magazine of an approved storage facility; however, these records may be kept at one central location on the business premises if separate records of daily transactions are kept for each magazine. Not later than the close of the next business day, each licensee and permittee shall record by manufacturer's name..
The regulations at 27 CFR 555.127 allow for display fireworks quantity entries to be expressed in the DSMT, in part, as the number of packaged display segments or packaged displays. However, industry members must provide to ATF upon request, information as to the number and size of display fireworks contained in any one packaged display segment or packaged display. This allowance for quantity entry of display fireworks is separate from the requirement to record the manufacturer’s name or brand name. Therefore, the manufacturer’s name or brand name must be recorded either within the DSMT or within the document containing information as to the number and size of display fireworks inside any one packaged display segment or packaged display.ATF recommends that fireworks industry members maintain the required information—the number, size, and manufacturer’s name or brand name of the display fireworks (inside packaged displays)—on a separate document that can be provided to ATF on a timely basis. This will assist ATF in the event of an explosives theft or loss and help facilitate the ATF explosives inspection.
|Net weight of fireworks [^1](Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.) (pounds)|Display fireworks [^2](The distances in this column apply only with natural or artificial barricades. If such barricades are not used, the distances must be doubled.) (feet)|Consumer fireworks [^3](While consumer fireworks or articles pyrotechnic in a finished state are not subject to regulation, explosive materials used to manufacture or assemble such firework..
(a) Display fireworks, pyrotechnic compositions, and explosive materials used to assemble fireworks and articles pyrotechnic shall be stored at all times as required by this Subpart unless they are in the process of manufacture, assembly, packaging, or are being transported.
|Net weight of firework [^1](Net weight is the weight of all pyrotechnic compositions, and explosive materials and fuse only.) (pounds)|Distance between magazine and inhabited building, passenger railway, or public highway [^3](For fireworks storage magazines in use prior to March 7, 1990, the distances in this table may be halved if properly barricaded between the magazine and potential receptor sites \(55 FR 3717\).)[^4](This table does not apply to the storage of bulk salutes. Use table at § ..
|Distance from Passenger Railways, Public Highways, Fireworks Plant Buildings used to Store Consumer Fireworks and Articles Pyrotechnic, Magazines and Fireworks Shipping Buildings, and Inhabited Buildings. [^3](This table does not apply to the separation distances between fireworks process buildings \(see § 555.222\) and between magazines \(see §§ 555.218 and 555.224\).)[^4](The distances in this table apply with or without artificial or natural barricades or screen barricades. However, the use ..
(b) Low explosives. Explosive materials which can be caused to deflagrate when confined (for example, black powder, safety fuses, igniters, igniter cords, fuse lighters, and “display fireworks” classified as UN0333, UN0334, or UN0335 by the U.S. Department of Transportation regulations at 49 CFR 172.101, except for bulk salutes).
(b) Outdoor magazines in which low explosives are stored must be located no closer to inhibited buildings, passenger railways, public highways, or other magazines in which explosive materials are stored, than the minimum distances specified in the table of distances for storage of low explosives in § 555.219, except that the table of distances in § 555.224 shall apply to the storage of display fireworks. The distances shown in § 555.219 may not be reduced by the presence of barricades.
(2) User permit and limited permit. Except as provided in § 555.41(b)(1)(iv), any person who intends to acquire explosive materials in the State in which that person resides or acquire explosive materials from a licensee or holder of a user permit in a State other than the State in which that person resides, or from a foreign country, or who intends to transport explosive materials in interstate or foreign commerce, or who has not timely submitted an application for renewal of a previous permit ..