28-1243 Fireworks item deemed unsafe; quarantined; testing; test results; effect. - Nebraska Statutes

28-1243. Fireworks item deemed unsafe; quarantined;testing; test results; effect.(1) If the State Fire Marshal deems any fireworks item tobe unsafe pursuant to subdivision (6)(c)(vi) of section 28-1241, such fireworksitem shall be quarantined from other fireworks. Any licensed distributor,jobber, or retailer may request, at the distributor's, jobber's, or retailer'sexpense, that such fireworks item be tested by an independent, nationallyrecognized testing facility to determine if such fireworks item meets therequirements set forth by the United States Consumer Product Safety Commissionfor consumer fireworks, also known as 1.4G explosives, as classified by theUnited States Department of Transportation in 49 C.F.R. 172.101, as such regulationexisted on January 1, 2010. A copy of the results of all testing done pursuantto this section shall be provided to the State Fire Marshal.(2)If such fireworks item is in compliance with such requirements and otherwisepermitted under section 28-1241, such fireworks item that was determined tobe unsafe pursuant to subdivision (6)(c)(vi) of section 28-1241 shall be deemeda consumer firework and be permitted for retail sale or distribution.(3)If such fireworks item is in compliance with such requirements but is otherwisenot deemed consumer fireworks, such fireworks item shall not be sold at retailor distributed to retailers for sale in this state, but a distributor, jobber,or retailer may sell such fireworks item to another distributor or retailerin a state that permits the sale of such fireworks item.(4)If such fireworks item is not in compliance with such requirements, then thedistributor, jobber, or retailer shall destroy such fireworks item under thesupervision of the State Fire Marshal. If such fireworks item is not destroyedunder the supervision of the State Fire Marshal, notarized documentation shallbe provided to the State Fire Marshal detailing and confirming the fireworksitem's destruction. SourceLaws 2010, LB880, § 4.Operative Date: October 1, 2010