Consumer fireworks are regulated by the CPSC under the Federal Hazardous Substances Act (FHSA) and are subject to a number of different regulations under the FHSA.
The term “fireworks” is not specifically defined in the CPSC regulations or in the U.S. Department of Transportation (“DOT”) regulations covering the shipment of fireworks. However, the DOT regulations do classify fireworks into several categories (UN codes) for shipping purposes which can be used to identify fireworks in general:
- UN 0333: Fireworks Class 1.1G, typically large diameter shells or bulk salutes
- UN 0335: Fireworks Class 1.3G, most display fireworks
- UN 0336: Fireworks Class 1.4G/S, consumer or common fireworks
- UN 0431/0432: Fireworks Class 1.4G/S, proximate pyrotechnics (e.g., stage fireworks)
The fact that the product bears a UN code other than UN 0336 or is not classified as a 1.4G/S explosive does not automatically mean the product is not intended for use by consumers, particularly when the product bears cautionary labeling similar to that required for consumer products or is packaged in a colorful, attractive packaging that would appeal to consumers. Fireworks devices that are typically considered commercial fireworks but are purposely sold to consumers would be subject to CPSC’s requirements.
Performance requirements for consumer fireworks, outlined at 16 C.F.R. part 1507, are as follows:
- Prohibited chemicals
Fireworks devices may not contain arsenic sulfide, arsenates, or arsenites; boron; chlorates (except in colored smoke mixtures in which an equal or greater amount of sodium bicarbonate is included, caps and party poppers, and small items where the powder content does not exceed 4 grams of which no more than 15% of the powder content is potassium, sodium, or barium chlorate); gallates or gallic acid; magnesium (except magnesium/aluminum alloys); mercury salts; red or white phosphorus (except red phosphorus in caps and party poppers); picrates or picric acid; thiocyanates; titanium (except in particle size greater than 100-mesh); zirconium - Fuses
Fuses must burn between 3 to 9 seconds, inclusive, and be able to support the weight of the device plus 8 oz or two devices (whichever is less) - Bases
Bases must be at least a third of the device’s height - Pyrotechnic leakage
The pyrotechnic chamber must not allow leakage of the pyrotechnic composition - Burnout and blowout
Fireworks devices must not exhibit a burnout (pyrotechnic material burns a hole through the side chamber) or blowout (plug or side wall ruptures) - Handles and spikes
Any handles for handheld devices must be at least 4 inches in length, and any spikes must protrude at least 2 inches from the base and have a blunt tip - Wheel devices
Wheels must not come loose - Toy smoke devices and flitter devices
Smoke devices must not produce an external flame (excludes fuse and firstfire upon ignition); smoke and flitter devices must not look like banned fireworks (e.g., M-80 salutes, silver salutes, or cherry bombs); smoke devices must not use plastic as an exterior material if the pyrotechnic composition comes in direct contact with the plastic - Rockets with sticks
Rocket sticks must be straight and rigid and must remain attached to the device - Party poppers
Party poppers must not contain more than 0.25 grains (16.2 mg) of pyrotechnic composition; any soft paper or cloth inserts must not ignite during use - Multiple-tube fireworks devices
Such devices with tubes measuring 1.5 inches of more in inside diameter must pass the tip test at 16 C.F.R. § 1507.12(b)
Fireworks devices, except firecrackers, that fail to meet the applicable performance requirement are a banned hazardous substance per 16 C.F.R. § 1500.17(a)(9). The ban includes kits and components intended to create such devices. The CPSC’s implementation of the FHSA also declares the following to be banned hazardous substances:
- Fireworks devices intended to produce audible effects (commonly referred to as “reports”) that have a pyrotechnic composition greater than 2 grains (130 mg) per 16 C.F.R. § 1500.17(a)(3) (includes kits/components intended to create such devices)
- Exclusions for this banning regulation include devices distributed to farmers for pest control use (such devices must be distributed in response to a written application to the US Department of the Interior or equivalent state/local government)
- Firecrackers designed to produce audible effects that have a pyrotechnic composition greater than 0.772 grains (50 mg) per 16 C.F.R. § 1500.17(a)(8) (includes kits/components intended to create such devices)
- Exclusions for this banning regulation include devices distributed to farmers for pest control use (such devices must be distributed in response to a written application to the US Department of the Interior or equivalent state/local government)
- Firecrackers that look like candy or other foods per 16 CFR § 1500.17(a)(8)
- Reloadable tube aerial shell fireworks devices that use shells larger than 1.75 inches in outer diameter per 16 C.F.R. § 1500.17(a)(11)
Labeling
Because fireworks are inherently hazardous substances, they require cautionary labeling under the FHSA. Specifically, fireworks have special labeling requirements under 16 C.F.R. § 1500.14(b)(7) depending on the type of device.
For more information on cautionary labeling, visit our FHSA business guidance page.
Certification
Section 14(a) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of general-use consumer products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a General Certificate of Conformity (GCC). The citation to use in section 2 of the GCC is “16 CFR part 1507 – Fireworks”.
For more information on certification, visit our GCC business guidance page.
Additional Information
Contact
For more information, please contact the Small Business Ombudsman (SBO) team:
- SBO contact form
- Toll-free: (888) 531-9070
- Email: SBO@cpsc.gov