1. (a) It shall be unlawful for any person to:

   1. (1) Purchase, possess, set off, ignite, discharge, or otherwise cause to explode any consumer fireworks without a permit required pursuant to section 132D-10; or

   2. (2) Set off, ignite, discharge, or otherwise cause to explode any consumer fireworks at any time not within the periods for use prescribed in section 132D-3;

      provided that a person licensed pursuant to sections 132D-7 and 132D-8 may purchase and possess consumer fireworks in accordance with the person's license.

2. (b) It shall be unlawful for any person, other than a licensed wholesaler who is distributing consumer fireworks to a licensed retailer in accordance with the person's license, to distribute consumer fireworks:

   1. (1) More than five calendar days before the time periods for permissible use under section 132D-3; or
   2. (2) After 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, or 8:00 p.m. on the Fourth of July.
3. (c) The state of mind requirement for the offense under subsections (a)(2) and (b) shall not be applicable to whether the person was aware of the date or time at the time of offense, or whether the date and time of offense fell within the prohibited periods. A person shall be strictly liable with respect to the date and time of any act proven to have occurred, and with respect to the attendant circumstance that the date and time fell within the prohibited dates and times provided in subsections (a)(2) and (b).

4. (d) Any person who violates:

   1. (1) Subsection (a) shall be subject to a $200 fine;
   2. (2) Subsection (b) shall be subject to a $1,000 fine; and

   3. (3) This section shall be subject to proceedings under chapter 291D;

      provided that nothing in this section shall be construed to prohibit prosecution under section 132D-7, 132D-8.6, or any other provision under this chapter.

[L 2025, c 243, pt of§2]