For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1.3G EXPLOSIVES (also known as display fireworks or Class B fireworks or by United Nations shipping classification number UN0335). Any items classified as 1.3G EXPLOSIVES by the United States Department of Transportation in 49 C.F.R., as such regulations existed on January 1, 2021.
1.4G EXPLOSIVES (also known as consumer fireworks or Class C fireworks or by United Nations shipping classification number UN0336). Any items classified as 1.4G EXPLOSIVES by the United States Department of Transportation in 49 C.F.R., as such regulations existed on January 1, 2021.
CONSUMER FIREWORKS.
(1) Any device that:
(a) Meets the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2021; and
(b) Is tested and approved by a nationally recognized testing facility or by the State Fire Marshal.
(2) 1.4G explosives shall be considered CONSUMER FIREWORKS.
(3) CONSUMER FIREWORKS does not include:
(a) Wire sparklers; or
(b) Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe.
DISPLAY FIREWORKS. Those materials manufactured exclusively for use in public exhibitions or displays of fireworks designed to produce visible or audible effects by combustion, deflagration or detonation. DISPLAY FIREWORKS includes but is not limited to firecrackers containing more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of explosive composition and other display pieces which exceed the limits for classification as consumer fireworks. 1.3G explosives shall be considered DISPLAY FIREWORKS. DISPLAY FIREWORKS shall be considered an explosive as defined in Neb. RS 28-1213 and shall be subject to Neb. RS 28-1213 to 28-1239, except that DISPLAY FIREWORKS may be purchased, received and discharged by the holder of an approved display permit issued pursuant to Neb. RS 28-1239.01.
DISTRIBUTOR. Any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or as a retailer or both.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation and which meets the definition of consumer or special fireworks set forth by the United States Department of Transportation in 49 C.F.R.
JOBBER. Any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.
RETAILER. Any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than distributors or jobbers.
SALE. Includes barter, exchange or gift or offer therefor and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(Neb. RS 28-1241) (Prior Code, § 7-401)