§ 30-139. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Distributor means those who sell fireworks to retailers or to jobbers, for resale to others.

Fireworks , as described in V.T.C.A., Occupations Code § 2154.001(5), means any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation, such as firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs, or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether specially designated and defined in this section or not.

Fireworks 1.3G means a large fireworks device:

(1)

Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and

(2)

Classified as a 1.3G explosive by the department in 49 CFR 173 (1996).

Fireworks 1.4G means a small fireworks device:

(1)

Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation;

(2)

That complies with the construction, labeling, and chemical composition requirements of the United States Consumer Product Safety Commission in 16 CFR 1507 (1996), or the most recently adopted version of that rule; and

(3)

That is classified as a 1.4G explosive by the department in 49 CFR 173 (1996).

Importer means those who import fireworks from a foreign country for sale to distributors, jobbers or retailers within the state.

Jobber means those who purchase fireworks for resale to consumers only.

Manufacturer means persons that are engaged in the making of fireworks.

Person means and includes any natural person, association of persons, partnership, corporation, agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.

Public display means the igniting and shooting of fireworks for public amusement.

Retailers means those who purchase fireworks for resale to consumers only.

(Code 1974, § 7-46; Code 1994, § 30-91; Code 2005, § 30-139)