320.131. Possession, sale and use of certain fireworks prohibited--restrictions--label required--items not regulated.

Possession, sale and use of certain fireworksprohibited--restrictions--label required--items not regulated.

320.131. 1. It is unlawful for any person to possess, sell or usewithin the state of Missouri, or ship into the state of Missouri, except asprovided in section 320.126, any pyrotechnics commonly known as "fireworks"and defined as consumer fireworks in subdivision (3) of section 320.106other than items now or hereafter classified as fireworks UNO336, 1.4G bythe United States Department of Transportation that comply with theconstruction, chemical composition, labeling and other regulations relativeto consumer fireworks regulations promulgated by the United States ConsumerProduct Safety Commission and permitted for use by the general publicpursuant to such commission's regulations.

2. No wholesaler, jobber, or seasonal retailer, or any other personshall sell, offer for sale, store, display, or have in their possession anyconsumer fireworks that have not been approved as fireworks UNO336, 1.4G bythe United States Department of Transportation.

3. No jobber, wholesaler, manufacturer, or distributor shall sell toseasonal retailer dealers, or any other person, in this state for thepurpose of resale, or use, in this state, any consumer fireworks which donot have the numbers and letter "1.4G" printed within an orange,diamond-shaped label printed on or attached to the fireworks shippingcarton.

4. This section does not prohibit a manufacturer, distributor or anyother person from storing, selling, shipping or otherwise transportingdisplay or proximate fireworks, defined as fireworks UNO335, 1.3G/UNO431,1.4G or UNO432, 1.4S by the United States Department of Transportation,provided they possess the proper permits as specified by state and federallaw.

5. Matches, toy pistols, toy canes, toy guns, party poppers, or otherdevices in which paper caps containing twenty-five hundredths grains orless of explosive compound, provided that they are so constructed that thehand cannot come into contact with the cap when in place for use, and toypistol paper caps which contain less than twenty-five hundredths grains ofexplosive mixture shall be permitted for sale and use at all times andshall not be regulated by the provisions of sections 320.106 to 320.161.

(L. 1985 S.B. 76 § 6, A.L. 1987 H.B. 416, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)