The events of March 2014 will not be soon forgotten by members of the consumer fireworks retailing industry. In early March, NFPA released a revised final decision (the Decision) attacking APA, unfairly, in the opinion of this author, for “APA’s unwillingness to meaningfully engage in the kind of standards development that would continue to yield…
Most recently, in March 2013, PHMSA issued a safety guidance clarifying EX Classification Approvals with Expiration Dates, “as it applies to the manufacturing and the transportation of the firework devices.” (italics added). This explicitly means that the guidance distinguishes between transportation activities and manufacturing activities, and it does. Importantly, EX Approvals remain valid for items…
The U.S. Supreme Court is releasing the normal complement of rulings during its 2012 term and, interestingly, a decision rendered in mid-March appears to have the greatest impact upon the pyrotechnics industry. Upon considering the issues, a unanimous court curbed the government’s power to enforce the Clean Water Act (the “CWA”), by ruling that a…
As we approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. We all know that these inspections are deliberately timed to occur now due to the increased level of activity; as a result, these agencies reap a windfall…
As we approach the busiest season of the year, fireworks retailers and display companies can expect an inspection from one, if not several, law enforcement and regulatory agencies. We all know that these inspections are deliberately timed to occur now due to the increased level of activity; as a result, these agencies reap a windfall…
Since 2003, the Firearms and Explosives Licensing Center will not approve an application for a permit unless it is submitted together with an Employee Possessor Questionnaire, ATFE Form 5400.28 (the “Form”). The ATFE regulations demand that a separate Form be completed (in accordance with the stated instructions) by each and every employee that has either…
It was disturbing, if not surprising, that a recent survey concluded that, in the course of performing a spot check on 120 fireworks enterprises located within seven Chinese provinces, nearly half of the fireworks tested failed to satisfy basic quality standards. The inspection was performed by the State Administration of Quality Supervision and Inspection and Quarantine, and the results were published in February 2005.
