Wholesale sales; exports; signal or ceremonial purposes
Sec. 4. (a) Nothing in this chapter shall be construed to prohibit:
(1) any resident wholesaler, manufacturer, importer, or
distributor from selling:
(A) at wholesale fireworks not prohibited by this chapter; or
(B) fireworks not approved for sale in Indiana if they are to
be shipped directly out of state within five (5) days of the
date of sale;
(2) the use of fireworks by railroads or other transportation
agencies for signal purposes or illumination;
(3) the sale or use of blank cartridges for:
(A) a show or theater;
(B) signal or ceremonial purposes in athletics or sports; or
(C) use by military organizations;
(4) the intrastate sale of fireworks not approved for sale in
Indiana between interstate wholesalers;
(5) the possession, sale, or disposal of fireworks, incidental to
the public display of Class B fireworks, by wholesalers or other
persons who possess a permit to possess, store, and sell Class
B explosives from the Bureau of Alcohol, Tobacco and
Firearms, United States Department of the Treasury; or
(6) the use of indoor pyrotechnics special effects material
before an indoor or outdoor proximate audience.
(b) For the purposes of this section, a resident wholesaler,
importer, or distributor, is a person who:
(1) is a resident of Indiana;
(2) possesses for resale common fireworks approved or not
approved for sale in Indiana;
(3) is engaged in the interstate sale of common fireworks
described in subdivision (2) as an essential part of a business
that is located in a permanent structure and is open at least six
(6) months each year;
(4) sells common fireworks described in subdivision (2) only to
purchasers who provide a written and signed assurance that the
fireworks are to be shipped out of Indiana within five (5) days
of the date of sale; and
(5) has possession of a certificate of compliance issued by the
state fire marshal under section 5 of this chapter.
(c) A purchaser may not provide a written and signed assurance
that the fireworks purchased are to be shipped out of Indiana and
then sell or use them in Indiana.
(Formerly: Acts 1939, c.154, s.4.) As amended by P.L.229-1985,
SEC.3; P.L.168-1996, SEC.3.
Last modified: May 27, 2006