Recent events in Chicago, and elsewhere, highlight the well-known fact that the consumer fireworks industry is never far away from regulation and legal exposure. In Chicago, local fire officials now seek to ban the sale of aerial luminaries, such as airborne paper lanterns, that have become increasingly popular. Paper, or sky, lanterns have a long…
Part 1 – To Whom Should PHMSA Issue EX-Numbers; and What is a New Explosive (Firework)? Donald E. Creadore, Esq. This article is the first in a series that will look at issues concerning the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) fireworks (or ex-number) approval process. In addressing these issues the emphasis will be…
As we enter the next decade of this millennium, I thought I would mention some odds and ends. The 4th IFA convention in Liuyang was heavily attended by scores of fireworks companies but, in the modest opinion of the author, there was a noticeable absence of US-based attendees. Nonetheless, the meetings proved an invaluable experience…
[With the implementation date of November 12 looming, on Nov. 10 the CPSC issued “clarifications”.] The Consumer Product Safety Improvement Act (“CPSIA”) represents the greatest expansion of the Consumer Product Safety Commission’s (“CPSC”) authority since the Agency’s creation by Congress in 1972. Only days after the CPSC began to enforce the CPSIA the Agency was…
In a perfect world, every customer would pay their bills within the time provided, usually within thirty days. In reality, we oftentimes find that getting paid is one of the most frustrating and unglamorous of jobs. This article describes some methods of improving your chances of avoiding bad debt. As a business owner, it is…
It is important for every fireworks company to examine all websites that contain references to them. Particular attention should be given to the wording and phrasing of all references; sometimes the web master may be ignorant to the fact that words can get lost in translation. A recent experience helps illustrate the problems that may…
I’ve read that compliance officers in various industries are in demand (e.g., financial); add the pyrotechnics to the list. In last month’s column, we highlighted regulatory activity emanating from PHMSA. Given the volume of regulatory activity since then, there appears to be regulatory land-grab in Washington; indeed, a virtual ‘who’s who’ of federal agencies recently…
While an old snort may fondly remember the day when fireworks manufacturers were active in the United States, you do not have to be an old snort to understand that over-regulation has caused manufacturing activity to shift offshore, resulting in the vast majority of commercial fireworks now being produced overseas. The loss of jobs, revenues…
When it comes to understanding government regulations the devil is in the details, and the recently enacted Consumer Product Safety Improvement Act of 2008 (H.R. 4040) (the “Act”) details additional product certification regulations that manufacturers, private labelers and importers of consumer fireworks need to be aware of. Some background information is appropriate. As a response…
or Trying to Make Sense Out of the Regulations Contained in the ATF Orange Book is oftentimes not possible Why Bother Calling It Fireworks? or, Trying to Make Sense Out of the Regulations Contained in the ATF ‘Orange book’ Is Oftentimes Not Possible. The fireworks industry is given short shrift when government officials arbitrarily lump…
