(a) Unless the fireworks conform to the standards of the United States Consumer Product Safety Commission and the department, a person in this state may not:
- (1) sell the fireworks at retail;
- (2) offer the fireworks for retail sale;
- (3) possess the fireworks for retail sale in this state; or
- (4) transport, use, or explode the fireworks in this state.
- (b) A person may offer for sale to the general public Fireworks 1.4G only at authorized retail locations. All mail order sales of Fireworks 1.4G are prohibited.
- (c) Fireworks may not be sold or offered for sale to children under 16 years of age or to an intoxicated or incompetent person. A person selling fireworks at retail shall make a reasonable effort to determine that potential purchasers of fireworks are of the minimum age required by this subsection.
- (d) A licensed manufacturer, distributor, jobber, or importer may not sell fireworks to a person who does not hold a license or permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Acts 2007, 80th Leg., R.S., Ch. 1179 (H.B. 539), Sec. 4, eff. June 15, 2007.