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



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



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



(3)  Prior to shipment and when booking each shipment
of fireworks or articles pyrotechnic notify the appropriate county official as
determined by the county regarding whether the shipment will be distributed
from:



(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 or
consignee shall notify the appropriate county official as determined by the
county in writing of the expected shipment's landing date.



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



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



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



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



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



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



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



(3)  The fireworks or articles pyrotechnic have not
been declared or have been misdeclared in violation of subsection (a).



(e)  No person holding a retailer license to
sell consumer fireworks shall be allowed to sell consumer fireworks commonly
known as firecrackers in a packet size larger than five thousand individual
units.  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 articles
pyrotechnic of:



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



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



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



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