The Federal Hazardous Substances Act (FHSA) determines illegal fireworks in the US based on the amount of gunpowder they contain, but states and municipalities may have more restrictive definitions. Consumer fireworks must contain less than 50mg of gunpowder to be legal. Illegal fireworks include silver salutes, cherry bombs, and M80s. Fireworks must have safety labels and instructions, and aerial devices cannot have a greater sound effect than 130mg of gunpowder. Class “B” fireworks are for professionals only. The illegal use of fireworks is widespread and can cause thousands of injuries each year.
In the United States, Federal Hazardous Substances Act (FHSA) guidelines determine the different types of illegal fireworks. Whether a particular item is illegal generally depends on the amount of gunpowder it contains. However, states and municipalities may enact more restrictive definitions of illegal fireworks than those found in the FHSA. Some may ban all fireworks except those used for public displays by professional pyrotechnicians.
Consumer fireworks, those classified by the FHSA as Class “C” fireworks, must contain less than 50 milligrams of gunpowder to be legal. This is about the amount of ground powder from half of an aspirin. Some of the specific types of fireworks that are considered illegal are silver salutes, cherry bombs, and M80s. The “M” class of fireworks are large firecrackers that can measure from one to six inches (2.5 to 15.4 cm) long.
Fuses on fireworks must burn for at least three but no more than nine seconds. Otherwise, according to FHSA guidelines, they are illegal. All fireworks must have safety labels and contain safety instructions for their use. If fireworks without these warning labels and instructions are illegal. Aerial devices, which explode after being thrown, cannot have a greater sound effect than could be produced by one hundred and thirty milligrams of gunpowder.
Kits and components for making illegal fireworks are themselves considered illegal. Fireworks are illegal if they look like candy or food. Examples are “dragon eggs,” which look like chocolate candy kisses wrapped in shiny foil, and “cracker balls,” which resemble cereal. The ban on these types of fireworks is for the protection of small children.
Class “B” fireworks are intended for public use by professionals under strict safety guidelines and not for use by the public. Consumer use of fireworks is illegal and extremely dangerous – only licensed pyrotechnicians should handle fireworks.
Depending on the state, laws governing fireworks may be more restrictive than FHSA bans. The Consumer Public Safety Commission (CPSC) has a list of all states that allow consumer use of Class B fireworks. Most states do. The CPSC also has information on the safe use of legal fireworks.
The illegal use of fireworks is widespread and difficult to prevent. Estimates put the number of people injured by fireworks each year in the thousands. However, fireworks safety advocates believe public safety campaigns have begun to reduce the number of annual injuries. Safety groups recommend that very young children not play with any type of fireworks.
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