34-37-1
Definition of terms.
34-37-2
Licenses required for sale of fireworks--Application--Duration--Display--Violation
as misdemeanor.
34-37-2.1
Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
34-37-2.2
Sales to out-of-state residents--Early and late season licenses--Copy of law and map
provided with sale--Violation as misdemeanor.
34-37-3
Prohibited fireworks--Manufacture or use as misdemeanor.
34-37-4
Possession, sale, or use of unauthorized fireworks--Misdemeanor.
34-37-5
Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
34-37-6
Submission of fireworks for examination by department--Violation as misdemeanor.
34-37-7
Exemptions from chapter.
34-37-8
Unlicensed transportation of fireworks into state for sale--Misdemeanor.
34-37-9
Records to be kept by licensee--Inspection--Violation as misdemeanor.
34-37-10
Periods and time during which retail sales permitted--Violation as misdemeanor.
34-37-10.1
Sale from motor vehicle--Misdemeanor.
34-37-10.2
Exits from structures where fireworks sold--Violation as misdemeanor.
34-37-10.3
“No smoking” signs where fireworks sold--Smoking within fifty feet of location as
misdemeanor.
34-37-10.4
Signs stating minimum distance for igniting fireworks--Igniting fireworks within
minimum distance as misdemeanor.
34-37-10.5
Open flame on retail premises as misdemeanor--Fire extinguisher required.
34-37-10.6
Repealed.
34-37-11
Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.
34-37-12
Sales or shipment by wholesaler or manufacturer to persons outside of
state--Violation as misdemeanor.
34-37-12.1
Evidence of delivery outside of state--Violation as misdemeanor.
34-37-13
Permit for use of display fireworks at event--Purchase and use
requirements--Violation as misdemeanor.
34-37-13.1
Permit for use of consumer fireworks at event--Purchase and use
requirements--Violation as misdemeanor.
34-37-14
Repealed.
34-37-15
Revocation, suspension, or nonrenewal of license.
34-37-16
Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
34-37-16.1
Periods during which use of consumer fireworks permitted--Violation as
misdemeanor.
34-37-16.2
Certain fireworks permitted all year.
34-37-17
Enforcement of chapter.
34-37-18
Record forms prescribed by secretary.
34-37-19
County regulation of fireworks--Use of South Dakota grassland fire danger index.
34-37-20
Repealed.
34-37-1. Definition of terms.
Terms used in this chapter mean:
(1) "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(2) "Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(3) "Public event," use of fireworks for commerce on public property or sponsored by a public entity;
(4) "Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;
(5) "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;
(6) "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;
(7) "Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.
Source: SL 1964, ch 31, § 1; SL 1983, ch 259, § 1; SL 1998, ch 213, § 1; SL 2019, ch 154, § 1, eff. Mar. 20, 2019.
34-37-2. Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter.
Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by the department. An application shall be accompanied by an application fee of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license.
In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license for a fee of twenty-five dollars, for each sales period specified in § 34-37-10, during which a retailer may sell fireworks. An application for the retailer sales license in any year shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license at the retailer's place of business.
Any funds received by the department under this section shall be deposited in the state general fund.
Source: SL 1964, ch 31, §§ 3, 4; SL 1977, ch 190, § 101; SL 1982, ch 18, § 101; SL 1998, ch 213, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2013, ch 161, § 1; SL 2019, ch 154, § 2, eff. Mar. 20, 2019.
34-37-2.1. Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a Class 1 misdemeanor.
Source: SL 1971, ch 207, § 1; SL 2019, ch 154, § 3, eff. Mar. 20, 2019.
34-37-2.2. Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor.
In addition to any license required under § 34-37-2, for any sales to out-of-state residents, a retailer licensee may obtain:
(1) An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or
(2) A late season license to operate from July sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars.
A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of any law that prohibits the use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale of fireworks, other than any sale occurring from June twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanor.
Source: SL 1983, ch 259, § 2; SL 1985, ch 282, § 1; SL 1986, ch 27, § 32; SL 2011, ch 162, § 1; SL 2019, ch 154, § 4, eff. Mar. 20, 2019.
34-37-3. Prohibited fireworks--Manufacture or use as misdemeanor.
Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 13.1607; SL 1977, ch 190, § 102; SL 1983, ch 259, § 3; SL 1998, ch 213, § 4.
34-37-4. Possession, sale, or use of unauthorized fireworks--Misdemeanor.
Except as provided in § 34-37-12, a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks.
Source: SL 1949, ch 41, § 1; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 2; SL 1977, ch 190, § 103; SL 2019, ch 154, § 5, eff. Mar. 20, 2019.
34-37-5. Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor.
Source: SL 1949, ch 41, § 1; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1 (4); SL 1983, ch 259, § 4; SL 1998, ch 213, § 5; SL 2019, ch 154, § 27, eff. Mar. 20, 2019.
34-37-6. Submission of fireworks for examination by department--Violation as misdemeanor.
Before any fireworks not enumerated under § 34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 C.F.R. Part 1507, effective January 1, 2019, and the American Pyrotechnics Association Standard 87-1, 2001 edition, the department shall authorize the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor.
Source: SL 1964, ch 31, § 5; SL 1982, ch 18, § 102; SL 1983, ch 259, § 5; SL 1998, ch 213, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 6, eff. Mar. 20, 2019.
34-37-7. Exemptions from chapter.
Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, or theatrical, or athletic events.
Source: SL 1949, ch 41, §§ 1, 4; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1.
34-37-8. Unlicensed transportation of fireworks into state for sale--Misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter.
Source: SL 1964, ch 31, § 6; SL 1977, ch 190, § 104; SL 2019, ch 154, § 7, eff. Mar. 20, 2019.
34-37-9. Records to be kept by licensee--Inspection--Violation as misdemeanor.
Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor.
Source: SL 1964, ch 31, § 6; SL 1983, ch 259, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 28, eff. Mar. 20, 2019.
34-37-10. Periods and time during which retail sales permitted--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first.
A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state residents for the periods designated in § 34-37-2.2. A person who is issued a late season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth to January first.
A retail licensee may not make any sale of fireworks between the hours of twelve a.m. and seven a.m.
Source: SL 1949, ch 41, § 2; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1; SL 1983, ch 259, § 8; SL 1985, ch 282, § 2; SL 1986, ch 27, § 33; SL 2011, ch 162, § 2; SL 2013, ch 161, § 2; SL 2019, ch 154, § 8, eff. Mar. 20, 2019.
34-37-10.1. Sale from motor vehicle--Misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle.
Source: SL 1971, ch 207, § 2; SL 2019, ch 154, § 9, eff. Mar. 20, 2019.
34-37-10.2. Exits from structures where fireworks sold--Violation as misdemeanor.
If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 1 misdemeanor.
For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort.
Source: SL 1971, ch 207, § 3; SL 1998, ch 213, § 7; SL 2019, ch 154, § 10, eff. Mar. 20, 2019.
34-37-10.3. "No smoking" signs where fireworks sold--Smoking within fifty feet of location as misdemeanor.
At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within fifty feet of a location under this section.
Source: SL 1971, ch 207, § 4; SL 2019, ch 154, § 11, eff. Mar. 20, 2019.
34-37-10.4. Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor.
At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section.
Source: SL 1971, ch 207, § 5; SL 2019, ch 154, § 12, eff. Mar. 20, 2019.
34-37-10.5. Open flame on retail premises as misdemeanor--Fire extinguisher required.
A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A.
Source: SL 1971, ch 207, § 6; SL 1977, ch 190, § 105; SL 1982, ch 18, § 103; SL 1998, ch 213, § 8; SL 2019, ch 154, § 13, eff. Mar. 20, 2019.
34-37-11. Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.
No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District.
No person may use or cause to be used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.
No person may sell or cause to be sold, use or cause to be used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks without written authorization by the department permitting the use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by law from providing the written authorization.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.
Source: SL 1957, ch 91, § 1; SDC Supp 1960, § 20.0506; SL 1963, ch 130, § 1; SL 1964, ch 31, § 10; SL 1977, ch 190, § 106; SL 1981, ch 266; SL 1989, ch 301; SL 1990, ch 279, § 1; SL 2004, ch 238, § 1; SL 2007, ch 198, § 3; SL 2019, ch 154, § 14, eff. Mar. 20, 2019.
34-37-12. Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor.
Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. § 836, effective on January 1, 2019. Any delivery of fireworks may be made by a certified motor carrier as specified in chapter 49-28 or in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holder. A violation of this section is a Class 1 misdemeanor.
Source: SL 1949, ch 41, § 4; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 7; SL 1982, ch 18, § 104; SL 1983, ch 259, § 14; SL 2019, ch 154, § 15, eff. Mar. 20, 2019.
34-37-12.1. Evidence of delivery outside of state--Violation as misdemeanor.
A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor carrier if the purchaser is unlicensed. A violation of this section is a Class 1 misdemeanor.
Source: SL 1983, ch 259, § 10; SL 2019, ch 154, § 16, eff. Mar. 20, 2019.
34-37-13. Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.
Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 2018 edition. A violation of this section is a Class 1 misdemeanor.
Source: SL 1949, ch 41, § 3; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 8; SL 1983, ch 259, § 11; SL 1992, ch 60, § 2; SL 1998, ch 213, § 9; SL 2019, ch 154, § 17, eff. Mar. 20, 2019.
34-37-13.1. Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor.
Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition. A violation of this section is a Class 1 misdemeanor.
Source: SL 2019, ch 154, § 18, eff. Mar. 20, 2019.
34-37-15. Revocation, suspension, or nonrenewal of license.
For any licensee who is found guilty of a second or subsequent violation under this chapter, the department may revoke or suspend the license and refuse to renew the license upon its expiration.
Source: SL 1964, ch 31, § 12(2); SL 1983, ch 259, § 13; SL 2019, ch 154, § 19, eff. Mar. 20, 2019.
34-37-16. Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5. If any person possesses any fireworks in violation of § 34-37-5, a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.
Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.
This chapter does not apply to the transportation of fireworks by regulated carriers.
Source: SL 1964, ch 31, § 12 (3); SL 1977, ch 190, § 108; SL 2019, ch 154, § 20, eff. Mar. 20, 2019.
34-37-16.1. Periods during which use of consumer fireworks permitted--Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first.
Source: SL 1983, ch 259, § 7; SL 2011, ch 162, § 3; SL 2013, ch 162, § 1; SL 2019, ch 154, § 21, eff. Mar. 20, 2019.
34-37-16.2. Certain fireworks permitted all year.
The provisions of §§ 34-37-2 and 34-37-16.1 do not apply to:
(1) Smoke effects if the smoke effects do not fly, travel, or explode;
(2) Single-shot parachute pieces without a flare; or
(3) Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition.
Source: SL 2015, ch 186, § 1; SL 2019, ch 154, § 22, eff. Mar. 20, 2019.
34-37-17. Enforcement of chapter.
The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter.
Source: SL 1964, ch 31, § 9; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 23, eff. Mar. 20, 2019.
34-37-18. Record forms prescribed by secretary.
Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety.
Source: SL 1983, ch 259, § 7; SL 2003, ch 272, §§ 20, 121.
34-37-19. County regulation of fireworks--Use of South Dakota grassland fire danger index--Violation as misdemeanor.
Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category. Any violation of a resolution adopted pursuant to this section is a Class 2 misdemeanor.
Source: SL 1989, ch 302; SL 2002, ch 252 (Ex. Ord. 02-1), § 17; SL 2003, ch 187, § 1; SL 2004, ch 239, § 1; SL 2011, ch 162, § 4; SL 2021, ch 156, § 1, eff. Mar. 25, 2021.
