HB 875 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in fireworks, further providing for definitions, for use of display fireworks and for use of consumer fireworks and repealing provisions relating to rules and regulations by municipality, to sales locations, to fees, granting of licenses and inspections, to refusal, suspension or revocation of license, to conditions for facilities, to consumer fireworks tax and to disposition of certain funds.

PRINTER'S NO.   915

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 875
                                                 Session of
                                                   2025

     INTRODUCED BY PROBST, FREEMAN, HILL-EVANS, KHAN, SANCHEZ, GIRAL,
        DALEY, CEPEDA-FREYTIZ AND GREEN, MARCH 11, 2025

     REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
        MARCH 11, 2025


                                      AN ACT
 1   Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
 2      Statutes, in fireworks, further providing for definitions,
 3      for use of display fireworks and for use of consumer
 4      fireworks and repealing provisions relating to rules and
 5      regulations by municipality, to sales locations, to fees,
 6      granting of licenses and inspections, to refusal, suspension
 7      or revocation of license, to conditions for facilities, to
 8      consumer fireworks tax and to disposition of certain funds.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     The definition of "consumer fireworks" in section
12   1101 of Title 3 of the Pennsylvania Consolidated Statutes is
13   amended to read:
14   § 1101.    Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      * * *
19      "Consumer fireworks."
20             (1)   The term includes any combustible or explosive
 1      composition or any substance or combination of substances
 2      which is intended to produce visible or audible effects by
 3      combustion, [is suitable for use by the public,] complies
 4      with the construction, performance, composition and labeling
 5      requirements promulgated by the Consumer Products Safety
 6      Commission in 16 CFR (relating to commercial practices) or
 7      any successor regulation and complies with the provisions for
 8      "consumer fireworks" as defined in APA 87-1[, the sale,
 9      possession and use of which shall be permitted throughout
10      this Commonwealth].
11             (2)   The term does not include devices such as "ground
12      and hand-held sparkling devices," "novelties" or "toy caps"
13      in APA 87-1, the sale, possession and use of which shall be
14      permitted at all times throughout this Commonwealth.
15      * * *
16      Section 2.     Sections 1102(a) and 1104 of Title 3 are amended
17   to read:
18   § 1102.    Use of display fireworks.
19      (a)     Prohibition.--No display fireworks shall be ignited
20   within 300 feet of a facility that [meets the requirements of
21   section 1107 (relating to sales locations)] sells display
22   fireworks.
23      * * *
24   § 1104.    Use of consumer fireworks.
25      [(a)    Conditions.--A person who is at least 18 years of age
26   may purchase, possess and use consumer fireworks.
27      (b)     Prohibitions.--A person may not intentionally use
28   consumer fireworks:
29             (1)   On private property or on public property,
30      including, but not limited to, streets, parking lots,

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 1      sidewalks and parks, without the express permission of the
 2      owner or entity that controls the property.
 3            (2)   Within, directed at or directed from a vehicle or
 4      building.
 5            (3)   Directed at another person.
 6            (4)   While the person is under the influence of alcohol,
 7      a controlled substance or another drug.
 8            (5)   Within 150 feet of a building or vehicle, whether or
 9      not the building or vehicle is owned by the user of the
10      consumer fireworks.
11      (c)     Conditional use.--No person may use consumer fireworks
12   within 150 feet of an animal housing facility or a fenced area
13   designed to confine livestock owned or managed by another
14   person. If a person uses consumer fireworks at a distance of 150
15   to 300 feet from an animal housing facility or fenced area
16   designed to confine livestock owned or managed by another
17   person, the user of consumer fireworks shall notify in writing
18   the owner or manager of the livestock at least 72 hours in
19   advance of the use that consumer fireworks will be used in the
20   area.] A person may not purchase, possess or use consumer
21   fireworks.
22      Section 3.     Sections 1106, 1107, 1108, 1108.1, 1109, 1112 and
23   1113 of Title 3 are repealed:
24   [§ 1106.    Rules and regulations by municipality.
25      (a)     Authorization.--
26            (1)   Except for the limitations under subsection (b), a
27      municipality may enact conditions, prohibitions and
28      limitations on the use and sale of consumer fireworks that
29      are not in conflict with this chapter.
30            (1.1)   Except for the limitations under subsection (b), a

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 1      municipality may require a permit for the use of consumer
 2      fireworks. A fee for a permit shall be reasonable.
 3            (1.2)   A municipality may prohibit the use of consumer
 4      fireworks if the use of the consumer fireworks within the
 5      municipality cannot comply with section 1104(b)(5) (relating
 6      to use of consumer fireworks).
 7            (2)   Facilities with a valid license issued by the
 8      department under section 1108(a) or (e) (relating to fees,
 9      granting of licenses and inspections) prior to or within one
10      year following the effective date of this section shall not
11      be subject to municipal conditions, prohibitions or
12      limitations enacted under paragraph (1) related to the sale
13      of consumer fireworks.
14            (3)   Except for the limitations under subsection (b), a
15      municipality may enact the following restrictions on the use
16      of consumer fireworks: Consumer fireworks may not be used
17      between the hours of 10:00 p.m. and 10:00 a.m., except:
18                  (i)    on July 2, 3 and 4 and December 31, when
19            consumer fireworks may be used until 1:00 a.m. the
20            following day; and
21                  (ii)    when July 4 falls on a Tuesday, Wednesday or
22            Thursday, consumer fireworks may be used until 1:00 a.m.
23            on the immediately preceding and following Friday and
24            Saturday.
25      (b)   Limitations.--Except for authority exercised under
26   subsection (a)(1.2), no municipality shall restrict or regulate
27   the use of consumer fireworks on the following days:
28            (1)   The days listed in subsection (a)(3)(i) and (ii).
29            (2)   Memorial Day, including the immediately preceding
30      Saturday and Sunday.

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 1             (3)   Labor Day, including the immediately preceding
 2      Saturday and Sunday.
 3   § 1107.    Sales locations.
 4      Consumer fireworks shall be sold only from facilities which
 5   are licensed by the Department of Agriculture and that meet the
 6   following criteria:
 7             (1)   The facility shall comply with the provisions of the
 8      act of November 10, 1999 (P.L.491, No.45), known as the
 9      Pennsylvania Construction Code Act.
10             (2)   The facility shall be a stand-alone, permanent
11      structure.
12             (3)   Storage areas shall be separated from wholesale or
13      retail sales areas to which a purchaser may be admitted by
14      appropriately rated fire separation.
15             (4)   For a facility issued a license under section
16      1108(a) (relating to fees, granting of licenses and
17      inspections), the facility shall be located no closer than
18      300 feet from a facility selling or dispensing gasoline,
19      propane or other flammable products.
20             (5)   For a facility issued a license under section
21      1108(a), the facility shall be located at least 2,500 feet
22      from another facility licensed to sell consumer fireworks.
23             (6)   The facility shall have a monitored burglar and fire
24      alarm system.
25             (7)   Quarterly fire drills and preplanning meetings shall
26      be conducted as required by the primary fire department.
27             (8)   (Reserved).
28             (9)   The sale of consumer fireworks may be conducted
29      through online, mail-order or other transaction, but delivery
30      of consumer fireworks to a purchaser shall take place at a

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 1      facility licensed under section 1108 and the sale shall be
 2      subject to the provisions of section 1112 (relating to
 3      consumer fireworks tax).
 4   § 1108.    Fees, granting of licenses and inspections.
 5      (a)     Initial application fees.--
 6             (1)   An initial application for a license to sell
 7      consumer fireworks shall be submitted to the Department of
 8      Agriculture on forms prescribed and provided by the
 9      department with a nonrefundable application fee as follows:
10                   (i)    For a facility meeting the requirements of
11             section 1107 (relating to sales locations), the
12             application shall be submitted with a nonrefundable
13             application fee of $2,500.
14                   (ii)    (Reserved).
15             (2)   An application under paragraph (1) shall also be
16      accompanied by the appropriate annual license fee as provided
17      in subsection (b).
18      (b)     Annual license fees.--The annual license fee for a
19   facility licensed to sell consumer fireworks shall be as
20   follows:
21             (1)   $7,500 for a location up to 10,000 square feet;
22             (2)   $10,000 for a location greater than 10,000 and up to
23      15,000 square feet; and
24             (3)   $20,000 for a location greater than 15,000 square
25      feet.
26      (c)     Time limitations and inspections.--
27             (1)   A facility meeting the requirements of section 1107
28      shall be inspected by the Department of Agriculture within 30
29      days of receipt of a complete application for a license. The
30      Department of Agriculture shall issue or deny a license

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 1      within 14 days of completing the inspection.
 2            (2)    (Reserved).
 3      (d)   Term of license.--A license issued for the sale of
 4   consumer fireworks shall be effective for one year from the date
 5   the license is issued.
 6      (e)   License renewal and inspections.--License renewal shall
 7   be automatic upon submission of a renewal application, proof of
 8   insurance under section 1109(5) (relating to conditions for
 9   facilities) and payment of the appropriate annual license fee
10   under subsection (b), but each facility shall be subject to
11   annual inspections by the Department of Agriculture and at other
12   times as the department may deem appropriate. The department
13   shall transmit an application for renewal to a licensee in such
14   time to provide for submission within 30 days prior to the
15   expiration of a license.
16      (f)   Condition.--No license may be issued to a convicted
17   felon or to an entity in which a convicted felon owns a
18   percentage of the equity interest.
19   § 1108.1.      Refusal, suspension or revocation of license.
20      (a)   Authority.--The department may refuse, suspend or revoke
21   a license issued or renewed under section 1108 (relating to
22   fees, granting of licenses and inspections) if the licensee is
23   not in compliance with the provisions of this chapter.
24      (b)   Appeals.--The department shall provide an opportunity
25   for a hearing to a person appealing an action of the department
26   under subsection (a). All appeals shall be taken and hearings
27   conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5
28   Subch. A (relating to practice and procedure of Commonwealth
29   agencies) and 7 Subch. A (relating to judicial review of
30   Commonwealth agency action). A person shall have 15 days to

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 1   appeal an enforcement action of the department under subsection
 2   (a).
 3   § 1109.    Conditions for facilities.
 4      A facility licensed by the Department of Agriculture under
 5   section 1108 (relating to fees, granting of licenses and
 6   inspections) shall be exclusively dedicated to the storage and
 7   sale of consumer fireworks and related items, and the facility
 8   shall operate in accordance with the following rules:
 9             (1)   There shall be security personnel on the premises
10      for the seven days preceding and including July 4 and on
11      December 31.
12             (2)   No smoking shall be permitted in the facility.
13             (3)   No cigarettes or tobacco products, matches, lighters
14      or any other flame-producing devices shall be permitted to be
15      taken into the facility.
16             (4)   No minors shall be permitted in the facility unless
17      accompanied by an adult, and each minor shall stay with the
18      adult in the facility.
19             (5)   All facilities shall carry at least $2,000,000 in
20      public and product liability insurance.
21             (6)   A licensee shall provide its employees with
22      documented training in the area of operational safety of a
23      facility. The licensee shall provide to the Department of
24      Agriculture written documentation that each employee has
25      received the training.
26             (7)   No display fireworks or federally illegal explosives
27      under 49 CFR 173.54 (relating to forbidden explosives) shall
28      be stored or located at a facility.
29             (8)   No person who appears to be under the influence of
30      intoxicating liquor or drugs shall be admitted to the

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 1      facility, and no liquor, beer or wine shall be permitted in
 2      the facility.
 3             (9)    Emergency evacuation plans shall be conspicuously
 4      posted in appropriate locations within the facility.
 5             (10)   Written notice shall be conspicuously posted or
 6      provided with each purchase of consumer fireworks that
 7      provides the conditions and prohibitions for use of consumer
 8      fireworks under section 1104 (relating to use of consumer
 9      fireworks) and that additional conditions, prohibitions and
10      limitations may be implemented by a municipality.
11   § 1112.    Consumer fireworks tax.
12      (a)    Imposition.--In addition to any other tax imposed by
13   law, a tax is imposed on each separate sale at retail of
14   consumer fireworks, which tax shall be collected by the retailer
15   from the purchaser at the time of sale and shall be paid over to
16   the Commonwealth as provided in this section. A tax imposed
17   under this subsection on each separate sale at retail shall be
18   paid to and received by the Department of Revenue and, along
19   with interest and penalties, shall be deposited into the General
20   Fund.
21      (b)    Rate.--The tax authorized under subsection (a) shall be
22   imposed and collected at the rate of 12% of the purchase price
23   per item sold. The purchase price shall not include State and
24   local sales taxes.
25      (c)    Collection and administration.--The provisions of Part
26   VI of Article II of the Tax Reform Code shall apply to the tax
27   authorized under subsection (a). No additional fee shall be
28   charged for a license or license renewal other than the license
29   or annual license fee required under section 1108 (relating to
30   fees, granting of licenses and inspections) and the license or

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 1   renewal fee authorized and imposed under Article II of the Tax
 2   Reform Code.
 3   § 1113.    Disposition of certain funds.
 4      (a)    Transfer.--The tax collected under section 1112(b)
 5   (relating to consumer fireworks tax) in each fiscal year shall
 6   be transferred annually for use as follows:
 7             (1)   $1,500,000 of the amount transferred under this
 8      subsection shall be used for the purpose of making grants
 9      under 35 Pa.C.S. Ch. 78 Subch. C (relating to Emergency
10      Medical Services Grant Program).
11             (2)   $250,000 of the amount transferred under this
12      subsection shall be deposited into a special account in the
13      State Treasury designated as the Online Training Educator and
14      Training Reimbursement Account for the purposes of
15      developing, delivering and sustaining training programs for
16      firefighters in this Commonwealth.
17             (3)   $1,000,000 of the amount transferred under this
18      subsection shall be transferred to the Pennsylvania Higher
19      Education Assistance Agency to provide loan forgiveness and
20      tuition assistance to active volunteer firefighters and
21      volunteer emergency medical services providers serving with
22      volunteer organizations who are students at or graduates of
23      approved trade and technical schools and institutions of
24      higher learning.
25             (4)   $1,000,000 of the amount transferred under this
26      subsection shall be transferred to the Department of Health
27      for the purpose of training emergency medical services
28      personnel.
29             (5)   $500,000 of the amount transferred under this
30      subsection shall be transferred to the Office of the State

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 1    Fire Commissioner for the purpose of providing emergency
 2    services training center capital grants.
 3        (6)   $500,000 of the amount transferred under this
 4    subsection shall be transferred to the Office of the State
 5    Fire Commissioner for the purpose of providing career fire
 6    department capital grants.
 7        (7)   $250,000 of the amount transferred under this
 8    subsection shall be transferred to the Office of the State
 9    Fire Commissioner for the purpose of providing a public
10    safety campaign on the precautions that should be taken when
11    using fireworks.
12        (7.1)     $500,000 of the amount transferred under this
13    subsection shall be transferred to the Office of the State
14    Fire Commissioner for the purpose of providing reimbursement
15    to a Pennsylvania bomb squad accredited by the Federal Bureau
16    of Investigation and certified in hazardous devices training
17    for costs associated with the removal, storage and
18    destruction of consumer fireworks, display fireworks or
19    combustibles under section 1115 (relating to removal, storage
20    and destruction). Any money not used annually by September 10
21    for the purpose specified under this paragraph shall be
22    subject to paragraph (8).
23        (8)   Any remaining money shall be equally divided and
24    transferred as follows:
25              (i)    50% of the amount shall be transferred in
26        accordance with paragraph (1).
27              (ii)    50% of the amount shall be used for the purpose
28        of making grants under 35 Pa.C.S. Ch. 78 Subch. B
29        (relating to Fire Company Grant Program).
30        (9)   The Office of the State Fire Commissioner shall

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 1      establish guidelines for use of the money deposited or
 2      transferred under paragraphs (2), (5), (6) and (7). By
 3      December 31, 2022, and each December 31 thereafter, the
 4      Office of the State Fire Commissioner shall provide a written
 5      report detailing the use of the money received from the prior
 6      fiscal year to the chairperson and minority chairperson of
 7      the Agriculture and Rural Affairs Committee of the Senate,
 8      the chairperson and minority chairperson of the Agriculture
 9      and Rural Affairs Committee of the House of Representatives,
10      the chairperson and minority chairperson of the Veterans
11      Affairs and Emergency Preparedness Committee of the Senate
12      and the chairperson and minority chairperson of the Veterans
13      Affairs and Emergency Preparedness Committee of the House of
14      Representatives.
15      (b)   Payments.--The transfer required under subsection (a)
16   shall be made by September 15, 2022, and each September 15
17   thereafter.
18      (c)   Limitation on certain transferred money.--Money
19   transferred under subsection (a)(3), (4), (5), (6) or (7.1)
20   shall not be expended until legislation is enacted providing for
21   the expenditure of the money.]
22      Section 4.   This act shall take effect in 60 days.




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