CPSC Announces Tentative Order For Fireworks And Firecrackers

The U.S. Consumer Product Safety Commission has issued a tentative order lowering the permissible explosive charge in firecrackers and establishing performance standards for other fireworks devices sold or distributed for consumer use.

The tentative order was issued in a rule-making proceeding and was submitted to the Federal Register for publication. A final decision will not be rendered until parties to the proceeding have had an opportunity to comment on the tentative findings.

The Commission, by a 3-2 vote, would allow the sale of firecrackers containing a maximum of 50 milligrams of powder. Present Federal regulations permit sale of firecrackers of up to 130 milligrams of powder. The 50-milligram limitation would only allow the small firecrackers commonly known as ladyfingers.

This decision will have no effect on existing state bans on firecrackers currently in effect in thirty-two states. The decision generally has no effect on fireworks used for organized public displays.

The decision also provides for performance specifications for common fireworks devices including a requirement that fuses burn at least three seconds but no longer than six seconds.

The decision stems from a regulatory proceeding begun in 1973. The regulation proposed initially would have totally banned all firecrackers. Objections to the regulation were raised by the fireworks industry and the State of Hawaii which, on behalf of its residents of Chinese descent, claimed that firecrackers are used in religious ceremonies which are Constitutionally protected by the First Amendment.

This was followed by extensive hearings involving some 25 parties including industry, consumer groups, Commission staffers and the State of Hawaii.

The regulation was issued because of the numerous injuries resulting from the use of firecrackers and fireworks devices.

During the 1974 Fourth of July season, an estimated 3,300 fireworks- related injuries were treated in hospital emergency rooms. More than 60 percent of these injuries were related to firecrackers. The decision said that few verified injuries for smaller firecrackers such as ladyfingers had been reported.

The decision said that the Commission rejected a total ban of firecrackers because of the probability that this would increase illegal trafficking and bootlegging of larger, more dangerous firecrackers. Also, the Commission said that a possible religious exemption for Americans of Chinese descent could not be feasibly administered and could result in widespread unlawful distribution.

The Commission tentatively decided upon an effective date of 180 days after the issuance of its final order. The Commission said that because of the complex legal procedures under which the regulation was issued and the required lengthy hearings, the order could not have been issued in time for the current Fourth of July season. The Commission noted, however, that a great number of manufacturers were already in substantial compliance with the requirements. The Commission also urged the public during the forthcoming Bicentennial celebration to carefully select fireworks to be used and to provide close supervision to children using the devices to prevent injuries.