SB199 Fireworks sales and regulations

The bill creates a new authorization for "permanent retailers" to sell fireworks to the public for personal use year-round. Sales by permanent retailers are required to be made from a physical location. Permanent retailers are required to register annually with the State Fire Marshal.

Seasonal retailers are those limited to sales during the period of June 20 through July 7 of the calendar year. This is a longer period than in prior law. Seasonal retailers are not licensed or required to register with the State Fire Marshal. All retail sales or transfers to consumers must be made by a registered permanent retailer or a seasonal retailer at a physical location.

There is nothing in the bill changing existing provisions or creating new provisions relating to the personal use or firing of consumer fireworks. These remain a topic of local ordinances or resolutions under home rule as provided in KSA 31-134 subsection (b).

The bill adds three new types of fireworks licenses to the existing list. Licensing is through the State Fire Marshal. The 7 license types in the amended law are: Manufacturer; hobbyist manufacturer; distributor of display fireworks; distributor of articles pyrotechnic; unlimited distributor; display fireworks operator; and proximate pyrotechnic operator. 

Any violations of the Act by the licensees are civil violations addressed by the State Fire Marshal, they are not criminal violations and not enforceable by law enforcement. If you believe you have a licensee violating the statutes or regulations, you should contact the State Fire Marshal.

It is unlawful to possess, purchase, sell, or offer for sale fireworks labeled "For Professional Use Only" without a current license issued by the State Fire Marshal. However, the bill does not create a crime category for this "unlawful" act. The only penalties provided are civil penalties under KSA 31-510.

Under continuing law (KSA 31-509), fireworks that are stored, possessed, or transported in violation of the Kansas Fireworks Act may be seized by the Fire Marshal or law enforcement. Seizure requires an inventory of seized fireworks provided to the person alleged to be in violation and notice to the State Fire Marshal. More procedural details are in the statutes. The State Fire Marshal also will develop Administrative Regulations relative to these operations.
SB199 (2025 SL Ch 80) §3-4, Amended KSA 31-502, 31-503. Bill Summary. Effective 4/24/25.

Updated statutes are available at:  https://www.kansasleo.com/KSAs/Ch31Art5.htm