Selling pyrotechnic mixes - Legal Issues

[ChainSmoker]

I've been specializing in smoke mixtures for some time now (my favorite pyro)...it all started with the sugar/kno3 reaction. But now I've moved on to bigger, better things and have developed a high-yield smoke mixture that produces extremely dense clouds of heavy, low-toxicity, ground-hugging smoke.

 

I'm sure there are other people who would have practical uses for my smoke devices (paintball/airsoft warfare, etc.). I've been interested in selling kits for mixes for some while, but I'm very cautious as to being in compliance with the law in doing so.

 

This is my basic knowledge of the law [written or unwritten] from the ATF and CPSC up to this point:

1) Shipping perchlorates/chlorates and aluminum together is VERY bad, because it could be interpreted by the CPSC as selling M80 kits [my mix does not use aluminum]

2) You need an ATF license to purchase and sell chemicals for pyro use

3) You can't send more than 25 lbs of chemicals per box

4) If I sell the devices themselves, they have to go through 1.4G testing at a fireworks facility. If selling individual components, you MIGHT be able to sell it through the mail as ORM-D without state fireworks licenses.

 

To comply with shipping regs, I figure I could ship the oxidizer mixed with a coolant as well as other inert ingredients, and then the customer could add their own fuel, probably powdered sugar.

 

I have some additional questions, if any of you know the answers. I don't expect legal advice, but any helpful points in the right direction would be good:

 

1) Do I need to send the mixture to some official testing facility to get certification to use ORM-D through US Parcel Post?

2) Can I send short lengths of cannon fuse and oxidizer in the same shipment?

3) What kind of an ATF license do I need?

4) What other government regs am I missing out on so that friendly men in black coats don't show up at my door?

5) Would these devices be legal for the customer to transport in their cars once they are assembled, if they comply with the 1.4G firework spec?

6) What kind of liability would I be exposed to if some 12-year-old decided to "have some fun," put the device together horribly wrong and burn his face off?

[cplmac]

I'll help you with the ones I know

 

1. False. True it's not a good idea from a safety standpoint to ship Al and Per/Chlorates together, but it does not in and of itself constitute an M80 kit. If you aren't shipping it with fuse and tubes this is NOT a kit. If your smoke kit doesn't contain metals that could reasonably be used for flash ie german, IBH, superfine Mag etc. then this is a non-issue.

 

2. False. You do not need an ATF license to purchase or sell chemicals. If you are Firefox, or purchasing from Firefox you do with larger (normal) quantities from Firefox.

 

SECOND LIST

 

2. Without a license not legally.

 

3. You either need a dealer license, or a manufacturing license.

 

4. Depends on your state. Call your local ATF field office, they are friendly and will be more than willing to help you out and explain the federal requirements you need to meet if any.

 

5. Depends on their state, and their licensing. Some states don't require licensing to possess or transport 1.4, some states do.

 

6. Serious liability. It doesn't matter what your customers sign, there is always going to be a shyster who can ruin you in court. You will want to form an LLC to limit your liability.

 

That's about all I can say for sure, good luck!

[Mumbles]

cpl covered them pretty well. I don't really have anything else to add to them.

 

From the first list:

 

3. This is false. It isn't an ATF/CPSC regulation, rather a DOT or USPS regulation. You can't actually send 25lbs of chemicals per box. The total weight, chemicals, box, packaging, labels can not exceed 25lbs. So this limits you to around 23lbs total.

[psyco_1322]

On this note, I was looking at a ATF license. One for shooting display pyro, which should be a type54 but I also am making things, but which licesne do I get for that? There is one for the making fireworks, and one for making low explosives. BP is a low explosive but its also a component of a firework and is covered by teh other license. So do I need a LE one to make stuff like that if I get a production license?

[Mumbles]

My best suggestion would be to get a type 20, high explosive manufacturing licence. It covers low explosives and fireworks as well. Flash and whistle would fall under the jurisdiction of the high explosive licence in most applications as well/

[psyco_1322]

OK thanks, It wouldnt cover the use of display fireworks would it?

[Mumbles]

It does for "testing" purposes. They can't help it if you decide to test a few cases of 6" shells on the 4th.

[Gottagotomoz]

OK thanks, It wouldnt cover the use of display fireworks would it?

No, I don't think so. Remember, this is a manufacturing license. In order to use display fireworks, you would need a Type 54 User of Fireworks license. Though this may also be covered under the Type 33 User of High Explosives license. Not too sure.

 

EDIT: Haha, didn't see Mumbles' post there.

[jacob]

This subject is somewhat of a specialty for me so i'll help you as best i can.

1) true it is bad from a safety/common sence standpoint but technically you wouldn't be breaking the law, although that doesn't mean someone won't sue you anyway.

2) completely worng.

3) what Mumbles said.

4) I wouldn't recommend selling/shipping the completed devices themselves, and i would mix the inert ingredients and keep the oxidizer separate, this way you should be fine.

Second list

1) no, look at this postal regs. it should tell you all you need to know. if not call Fedex, they know everything about DOT transportation regulations.

2) i've never shipped fuse, all i know is, unlike sending ORM-Ds you have to be certified and approved by the USPS to send it.

3) none, you aren't selling/shipping completed devices remember.

4) none that i know of.

5) i'm not sure, probablly not because i don't think it would meet 1.4g regs anyway but i could be wrong.

6) probablly alot, it's a free country, remember anyone can sue anyone for anything if they think they can win.

[ChainSmoker]

This has been extremely useful so far! Thank you.

So, knowing what you've informed me, it would probably be a good idea to do the following:

 

1) Include a USE AT YOUR OWN RISK information sheet in each box.

2) Get an ATF license for CYA

3) Make sure to have a nice liability insurance policy

4) Instruct users that it may be illegal to transport completed smoke devices, and it would be advisable to construct the devices at the site you plan on using them.