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Bill

SB 250

Relating to occupational assault.

2025 Regular Session

Legalizes sale and use of certain consumer fireworks in NC, raises purchase age to 18, creates licensing/safety rules and an excise tax.

In committee upon adjournment.
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WeVote Research Nonpartisan
Bill Summary · SB 250

SB 250 — "Celebrate America’s 250th — Let Freedom Ring!"

Status: Passed 1st Reading (Introduced Jan 30, 2025)

Main purpose

SB 250 authorizes the sale, possession, transport, and use of specified consumer fireworks in North Carolina and establishes a regulatory framework for retailing those fireworks. The bill also creates an excise-tax mechanism on consumer‑fireworks sales (text excerpts provided do not include the tax rate or detailed tax allocation).

Key provisions

  • Legalizes specified “consumer fireworks” for retail sale, possession, transport, handling, and discharge when they meet federal and industry safety standards (APA 87‑1 / CPSC rules). Certain small novelties and sparkling devices remain excluded or separately regulated.
  • Raises the minimum age for purchase of consumer fireworks from 16 to 18 (G.S. 14‑410(b)).
  • Establishes a two‑part statutory structure:
    • Part 1: recodifies/display pyrotechnics training and permitting (existing display operator rules).
    • Part 2: new consumer‑fireworks rules (definitions, retailer types, product limits).
  • Definitions and product limits include (representative examples from bill text):
    • “Consumer fireworks” = 1.4G devices that comply with APA 87‑1 and CPSC requirements; excludes certain novelties and small bottle rockets.
    • Novelties, sparklers, and small “trick noisemakers” remain permitted under specified gram/size limits (e.g., sparklers not to exceed specified weight per item).
    • Bottle rockets limited by motor diameter, stick length, and pyrotechnic weight.
  • Retail licensing and retail formats:
    • Defines consumer fireworks distributors, permanent retailers (open >60 days/year), temporary retailers (≤60 days), and “fireworks retail stands” (floor area ≤800 sq ft).
    • Mixed‑use retailers (general stores) are treated differently under NFPA standards.
  • Safety & standards:
    • Incorporates references to NFPA (e.g., NFPA 1124) and APA standards for construction, labeling, and retail safety/occupancy.
    • Maintains that indoor exhibitions and sales to under‑age persons are unlawful; violations carry criminal penalties (Class 1 or Class 2 misdemeanors depending on the offense).
  • Excise tax:
    • Bill header and title indicate an excise tax on consumer‑fireworks sales is to be levied; the provided excerpts do not specify the rate, collection mechanism, or revenue uses.

Who is affected

  • Consumers (adult purchasers and users of consumer fireworks).
  • Retailers, distributors, and temporary stand operators (new market and permitting obligations).
  • Local governments, fire and emergency services (public safety, enforcement workload).
  • Law enforcement and courts (criminal enforcement for violations).
  • State tax administrators (if the excise tax is enacted as written).

Procedural/timeline notes

  • Introduced: Jan 30, 2025 (Senate).
  • Passed 1st Reading (per summary details supplied).
  • The bill recodifies existing display pyrotechnics provisions and adds a dedicated Part 2 governing consumer fireworks; implementation will require administrative rules and coordination with fire safety (NFPA/CPSC) standards.
  • Penalties for violations (sale to minors, unlawful indoor exhibitions, other infractions) remain criminalized (Class 1 or 2 misdemeanors as specified).

Potential impacts — brief

  • Public safety: broader public access to consumer fireworks could increase the risk of fire and injury; bill seeks to mitigate this via product limits, reference to NFPA/APA standards, retailer regulation, and criminal penalties.
  • Economic: creates new retail opportunities (temporary stands, seasonal businesses) and potential state/local revenues through the excise tax (details TBD).
  • Administrative/enforcement: requires new or expanded permitting, inspections, public education, and law‑enforcement activity.

Note: The bill text excerpts provided are partial and several sections were truncated in source documents. Important implementation details — notably the excise tax rate, specific permitting/licensing procedures, and revenue disposition — are not included in the excerpts available here and would need to be consulted in the bill’s full enrolled text or committee reports for a complete picture.

Compiled from official sources — confirm details with the bill’s official record.

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