Delaware General Assembly

PWB 6/11/25

Amendment is attached to the legislation and awaits consideration

HB 63 -HA 1

6/11/25

Wilson-Anton

This Amendment to House Bill No. 63 changes the required advertising disclosures contained in House Bill No. 63. If an advertisement in this State depicts or advertises aerial fireworks, it must include a warning that fireworks are generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products. If an advertisement does not contain or depict aerial fireworks, it need only contain warnings that (1) fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1; (2) Delaware law limits the types of fireworks that may be used; (3) a permit may be required; and (4) potential purchasers should check their local and state laws before purchasing or using the advertised products. For billboard advertisements, a large and legible font must read “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.” Where House Bill No. 63 changed the 30-day sales period prior to the 4 holidays during which fireworks can be used to a 15-day sales period, this Amendment leaves it as a 30-day sales period. Where House Bill No. 63 required that a person seeking to sell fireworks must apply for a permit 90 days before the sales period, this Amendment requires the application 60 days before the sales period. This Amendment further provides for two different categories of disclosures at the time of sale. For the sale of fireworks requiring a permit or otherwise containing pyrotechnic substances above the threshold limits allowable without a permit, the disclosure to buyers must include notice that (1) the fireworks may be illegal and illegal possession or use may result in financial penalties; (2) fireworks are dangerous and improper use may result in death or serious physical injury; (3) information on the safe usage and disposal of fireworks; and (4) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day. For the sale of fireworks that individuals may use and possess without a permit, the disclosure to buyers must include (1) information on the safe usage and disposal of fireworks and (2) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.

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