§ 140.02   DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONSUMER FIREWORKS means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. CONSUMER FIREWORKS does not include low-impact fireworks.
   DISPLAY FIREWORKS means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.
   FIREWORK or FIREWORKS means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion,  deflagration, or detonation. FIREWORKS consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.
   LOW-IMPACT FIREWORKS means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.l, 3.1.1.1 to 3.1.1.8, and 3.5.
   NOVELTIES means that term as defined under APA standards 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:
      (1)   Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
      (2)   Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (1) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.
      (3)   Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
      (4)   Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer’s name and the quantity contained in each box are printed on the box; and toy smoke devices.