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.



SDLRC - Codified Law 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.

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.