NY A10141

Repeals and replaces definitions of "fireworks" and "dangerous fireworks" in Penal Law § 270.00, creating detailed categories for display fireworks, articles pyrotechnic, special effects, consumer fireworks, and sparkling devices (fountains, wooden sparklers, party poppers, snappers).

Establishes that possession, use, or explosion of fireworks/dangerous fireworks is a violation; selling fireworks is a Class B misdemeanor (Class A if valued at $500+); selling to persons under 18 is a Class A misdemeanor, or Class E felony for repeat offenders within 5 years.

Allows counties and cities outside New York City to opt by local law to exclude sparkling devices from fireworks regulations, with the State Police Superintendent required to annually publish list of jurisdictions that make this election.

Creates registration requirements and fees for manufacturers, distributors, wholesalers, and retailers of sparkling devices through the Office of Fire Prevention and Control, with annual fees not to exceed $5,000 for manufacturers/distributors, $2,500 for specialty retailers, and $200-$250 per location/season for other retailers.

Restricts sales of sparkling devices to registered businesses during June 1-July 5 and December 26-January 2 each year; prohibits local jurisdictions from charging fees or requiring permits for sparkling device sales; takes effect 30 days after enactment.