Opinion
No. 98-2608
Opinion filed December 23, 1998 JULY TERM 1998
Appeal of non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward Fine, Judge; L.T. No. CL 98-5071 AI.
Elwood J. Hunnewell, Jr., Loxahatchee, pro se.
Leonard Berger, Assistant County Attorney, West Palm Beach, for appellees.
We affirm an order denying appellant's petition for temporary injunction against the county enforcing Chapter 791, Florida Statutes (1997), which regulates the sale of fireworks. We reject appellant's argument that either the Consumer Product Safety Act, 15 U.S.C. § 2051 or the Federal Hazardous Substances Act, 15 U.S.C. § 1261 preempts states from regulating or prohibiting the sale of fireworks. See United States v. Marcyes, 557 F.2d 1361 (9th Cir. 1977). Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.
KLEIN, STEVENSON and SHAHOOD, JJ., concur.