Section 69A-50.017 - Procedures for Approved Products(1) The division shall complete its testing of all properly submitted samples and shall determine which products are approved no later than February 1 of each year. All such approved sparklers shall be legal for sale in this state from February 1 until January 31 of the following year.(2) The division shall publish the list of approved sparklers in The Florida Administrative Register, stating the dates between which the products are legal for sale.(3) The division shall distribute copies of the list of approved sparklers to all sheriffs and police chiefs in Florida and shall make the list available to the public. Anyone wishing a copy of the list shall contact Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0300.(4) Products must be tested and approved for sale. Products approved for sale in one year will be assumed to be approved for sale succeeding years. It shall be the responsibility of the manufacturer, distributor or wholesaler engaged in the business of selling approved sparklers to determine if a product they are marketing is of the same quality, content, construction and labeling as a product approved by the State Fire Marshal. The division shall perform random checks of sparkler products offered for sale to determine if products being marketed are the same as those products submitted to, and approved by, the State Fire Marshal.(5) Prior to December 1 of each year the State Fire Marshal will forward a list of approved products to each individual or firm who has submitted products for review. A submitter shall advise the State Fire Marshal of any change in the quality, content, labeling or construction of any sparkler previously approved and shall resubmit such product for retesting and approval. Such submission shall comply with rule 69A-50.015, F.A.C.(6) If the State Fire Marshal determines that a sparkler product or any other firework is being marketed contrary to the provisions of section 791.013(2) or 791.02(1), F.S., the State Fire Marshal shall refer the case to the appropriate state attorney.(7) The list of approved sparklers issued by the division includes only sparklers, as defined in section 791.01(8), F.S., for sale in this state. The list does not include any of the items described in section 791.01(4)(c), F.S., nor will any of those items be tested.Fla. Admin. Code Ann. R. 69A-50.017
Rulemaking Authority 624.308(1), 791.013 FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS.
New 6-1-88, Amended 10-20-93, Formerly 4A-50.017.New 6-1-88, Amended 10-20-93, Formerly 4A-50.017.