34-37-2.1. Minimum age for sale or dispensing of fireworks–Violation as misdemeanor. A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. […]
34-37-2.2. Sales to out-of-state residents–Early and late season licenses–Copy of law and map provided with sale–Violation as misdemeanor. In addition to any license required under §34-37-2, for any sales to out-of-state residents, a retailer licensee may obtain: (1)An early season license to operate from May first to June twenty-sixth, with a required fee of one […]
34-37-3. Prohibited fireworks–Manufacture or use as misdemeanor. Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor. Source: SDC 1939, §13.1607; SL 1977, […]
34-37-4. Possession, sale, or use of unauthorized fireworks–Misdemeanor. Except as provided in §34-37-12, a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks. Source: SL 1949, ch 41, §1; SDC Supp 1960, […]
34-37-5. Consumer fireworks permissible–Use of unauthorized fireworks as misdemeanor. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. The use […]
34-37-6. Submission of fireworks for examination by department–Violation as misdemeanor. Before any fireworks not enumerated under §34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 […]
34-37-7. Exemptions from chapter. Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private […]
34-37-8. Unlicensed transportation of fireworks into state for sale–Misdemeanor. A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under […]
34-37-9. Records to be kept by licensee–Inspection–Violation as misdemeanor. Any person licensed under the provisions of this chapter shall comply with the provisions of §10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was […]
