34-37-1.Definition of terms.
Terms used in this chapter mean:
(1)"Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F. R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(2)"Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(3)"Public event," use of fireworks for commerce on public property or sponsored by a public entity;
(4)"Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;
(5)"Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;
(6)"Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;
(7)"Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.
Source: SL 1964, ch 31, §1; SL 1983, ch 259, §1; SL 1998, ch 213, §1; SL 2019, ch 154, §1, eff. Mar. 20, 2019.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Section 34-37-1 - Definition of terms.
Section 34-37-2.1 - Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
Section 34-37-3 - Prohibited fireworks--Manufacture or use as misdemeanor.
Section 34-37-4 - Possession, sale, or use of unauthorized fireworks--Misdemeanor.
Section 34-37-5 - Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
Section 34-37-6 - Submission of fireworks for examination by department--Violation as misdemeanor.
Section 34-37-7 - Exemptions from chapter.
Section 34-37-8 - Unlicensed transportation of fireworks into state for sale--Misdemeanor.
Section 34-37-9 - Records to be kept by licensee--Inspection--Violation as misdemeanor.
Section 34-37-10 - Periods and time during which retail sales permitted--Violation as misdemeanor.
Section 34-37-10.1 - Sale from motor vehicle--Misdemeanor.
Section 34-37-10.2 - Exits from structures where fireworks sold--Violation as misdemeanor.
Section 34-37-10.5 - Open flame on retail premises as misdemeanor--Fire extinguisher required.
Section 34-37-12.1 - Evidence of delivery outside of state--Violation as misdemeanor.
Section 34-37-15 - Revocation, suspension, or nonrenewal of license.
Section 34-37-16 - Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
Section 34-37-16.2 - Certain fireworks permitted all year.
Section 34-37-17 - Enforcement of chapter.
Section 34-37-18 - Record forms prescribed by secretary.
Section 34-37-19 - County regulation of fireworks--Use of South Dakota grassland fire danger index.