§132D-8.6  Requirements of licensee. (a)  Any person who has obtained a license under section 132D-7 and shipsfireworks or articles pyrotechnic into the State shall:

(1)  Clearly designate the types of fireworks orarticles pyrotechnic in each shipment on the bill of lading or shippingmanifest with specificity;

(2)  Declare on the bill of lading or shippingmanifest the gross weight of aerial devices, consumer fireworks, displayfireworks, and articles pyrotechnic to be imported in each shipment and thelocation of the storage facility, if applicable, in which the fireworks orarticles pyrotechnic are to be stored;

(3)  Prior to shipment and when booking each shipmentof fireworks or articles pyrotechnic notify the appropriate county official asdetermined by the county regarding whether the shipment will be distributedfrom:

(A)  Pier to pier;

(B)  Pier to warehouse or storage facility; or

(C)  Pier to redistribution; and

(4)  At the time shipping is booked, the importer orconsignee shall notify the appropriate county official as determined by thecounty in writing of the expected shipment's landing date.

(b)  The fire department of a county, in whicha shipment of fireworks or articles pyrotechnic has landed and becomes subjectto the jurisdiction of the fire department, shall be allowed to inspect, if itchooses, any shipment declared on the shipping manifest as fireworks orarticles pyrotechnic.

(c)  The facility in which fireworks orarticles pyrotechnic are to be stored shall:

(1)  Have received approval fifteen days prior to theshipment's arrival from the appropriate county fire department; and

(2)  Meet all state and county fire and safety codes.

(d)  Any fireworks or articles pyrotechniclanded in the State shall be subject to seizure and forfeiture if:

(1)  The importer or consignee does not have in theimporter's or consignee's possession a valid license to import fireworks orarticles pyrotechnic under section 132D-7;

(2)  The consignee does not have a valid license tostore fireworks or articles pyrotechnic under section 132D-7; or

(3)  The fireworks or articles pyrotechnic have notbeen declared or have been misdeclared in violation of subsection (a).

(e)  No person holding a retailer license tosell consumer fireworks shall be allowed to sell consumer fireworks commonlyknown as firecrackers in a packet size larger than five thousand individualunits.  Any person violating this subsection shall be guilty of a misdemeanor.

(f)  Any person violating subsection (a), (c),or (d) shall be subject to the following for shipments of fireworks or articlespyrotechnic of:

(1)  Twenty-five pounds or less gross weight shall bea petty misdemeanor;

(2)  Over twenty-five pounds to three hundred poundsgross weight shall be a misdemeanor;

(3)  Over three hundred pounds to ten thousand poundsgross weight shall be a class C felony; and

(4)  More than ten thousand pounds gross weight shallbe a class B felony. [L 2000, c 233, §3; am L 2006, c 183, §10]