Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General. Party Poppers, as defined in Section 980, may be sold at retail outlets without requirement of a state fireworks retailer license or other retail sales restrictions so long as these Party Poppers are units of a particular manufacturer and design which have been classified by the Office of State Fire Marshal.
(1) Only entities or individuals maintaining a valid Office of State Fire Marshal importer/exporter's license may import Party Poppers into California and may sell Party Poppers only to entities or individuals maintaining a valid Office of State Fire Marshal wholesaler's license.
(2) Only entities or individuals maintaining a valid Office of State Fire Marshal's wholesaler's license or Party Popper/Snap Cap Distributor permit may sell Party Poppers to a retail outlet. Entities or individuals maintaining a Party Popper/Snap Cap Distributor Permit may purchase Party Poppers only from an individual or entity maintaining a valid Office of State Fire Marshal wholesaler's license and may sell Party Poppers only to retail outlets.
(3) Only entities or individuals maintaining either a valid Office of State Fire Marshal wholesaler's or importer/exporter's license or Party Popper/Snap Cap Distributor Permit may transport, or cause to be transported for sale, Party Poppers within California.
(4) All wholesaler licenses and Party Popper/Snap Cap Distributor permitees must file with the Office of State Fire Marshal by the close of the month immediately following each quarter, a list of the names and addresses of all retail outlets to whom they sold Party Poppers in the preceeding quarter. Retail outlets holding valid Office of State Fire Marshal retail sales licenses for the sale of Safe and Sane fireworks within the State for the period of 12:00 noon on the 28th of June through 12:00 noon on the 6th of July of that calendar year, as required by Health and Safety Code Section 12599, need not appear on this list filed with the Office of State Fire Marshal as required by this Section.
(b) In addition to the tests required by this Section, Party Poppers shall conform to the following:
(1) The device shall contain not more than 0.25 grains of explosive.
(2) The device shall not contain any materials specified in Section 12505 of the Health and Safety Code.
(3) The tube casing or body shall be constructed so as to eliminate any emission into the hand of the user.
(4) The streamers or other fill material shall be flame retardant when tested in accordance with this section.
(5) Every individual party popper item shall bear the classification label of the State Fire Marshal, including the manufacturer's and importer/exporter's registration number. The words "party poppers" shall appear in legible print on such label.
(6) The body of every party popper shall have, in legible print, operating instructions and warning labels as may be required by the State Fire Marshal.
(c) The testing of Party Poppers shall require the submission of a minimum of ten (10) samples. The streamers or other fill material from all of the ten (10) samples shall be arranged in a loose pile and subjected to the flame from a common paper match for not less than 5 seconds. The test material shall not continue to burn or smolder for more than 2 seconds after the match has been removed.
If the streamers or other fill material fail the above tests, the device shall be rejected.
1. Amendment of subsections (b)(1), (b)(4) and (c) filed 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
2. Amendment of subsections (a), (b)(4)-(6) and (c) and new NOTE filed 4-14-92; operative 5-14-92 (Register 92, No. 21).
3. Amendment of subsections (a), (b)(4)-(5) and (c) and new subsections (a)(1)-(4) filed 6-24-94; operative 6-24-94 (Register 94, No. 25).
Note: Authority cited: Sections 12552 and 12553, Health and Safety Code. Reference: Sections 12505, 12560- 12569 and 12671, Health and Safety Code.
