HB 63 DE
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREWORKS.
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Summary
Delaware HB 63 regulates the sale and advertising of fireworks in Delaware by establishing a 30-day sales period before the four holidays when fireworks may be used: July 4, the third day of Diwali, December 31, and January 1. The bill requires retailers to apply for a fireworks sales permit 60 days before the sales period begins. The bill mandates specific advertising disclosures that vary based on the type of fireworks being advertised, with stricter warnings for advertisements depicting or promoting aerial fireworks and different warnings for other products and billboards. The bill also requires point-of-sale disclosures when fireworks are purchased, with different notification requirements depending on whether the fireworks require a permit or contain pyrotechnic substances above allowable threshold limits. The act takes effect on January 1 following its enactment into law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Delaware's current fireworks laws have led to confusion among consumers and noncompliance, with individuals frequently using fireworks outside of legally permitted days. Many consumers are unaware they are breaking the law, while those who knowingly violate it face fines too low to serve as a deterrent. This results in ongoing nuisances for neighbors, increased risks of bodily harm, and heightened dangers of fires and property damage. Additionally, out-of-state retailers advertise illegal fireworks in Delaware without consequence, further misleading consumers. The absence of a registration process for fireworks retailers limits the State Fire Marshal’s ability to oversee the sale and distribution of these potentially hazardous products. This bill strengthens enforcement by increasing fines, regulating sales through a permit system, ensuring consumer awareness through required safety information, and generating revenue for the Fire Marshal’s office to improve oversight and public education. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
Sponsors (11)
- Madinah Wilson-Anton Democratic · primary
- Edward S. Osienski Democratic · primary
- Bryan Townsend Democratic · primary
- Bryant L. Richardson Republican · primary
- Mara Gorman Democratic · primary
- Cyndie Romer Democratic · primary
- Brian Pettyjohn Republican · primary
- Darius J. Brown Democratic · primary
- Kerri Evelyn Harris Democratic · primary
- David P. Sokola Democratic · primary
- John "Jack" Walsh Democratic · primary
Action history (8)
- Mar 6, 2025 Introduced and Assigned to Public Safety & Homeland Security Committee in House · lower
- Mar 25, 2025 Reported Out of Committee (Public Safety & Homeland Security) in House with 3 Favorable, 4 On Its Merits · lower
- Jun 11, 2025 Amendment HA 1 to HB 63 - Introduced and Placed With Bill · lower
- Mar 17, 2026 Amendment HA 1 to HB 63 - Passed In House by Voice Vote · lower
- Mar 17, 2026 Passed By House. Votes: 38 YES 1 NO 2 ABSENT · lower
- Mar 17, 2026 Assigned to Corrections & Public Safety Committee in Senate · upper
- Apr 22, 2026 Reported Out of Committee (Corrections & Public Safety) in Senate with 5 On Its Merits · upper
- Jun 23, 2026 Passed By Senate. Votes: 19 YES 2 NO · upper
Text versions (2)
Full text
Full text imported from legis.delaware.gov
SPONSOR:
Rep. Wilson-Anton
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 1
TO
HOUSE BILL NO. 63
AMEND House Bill No. 63 on line 10 by deleting " 30-day 15-day " as it appears therein and inserting in lieu thereof “30-day”.
FURTHER AMEND House Bill No. 63 on line 36 by deleting " 90 days prior to the 15-day " as it appears therein and inserting in lieu thereof " 60 days prior to the 30-day ".
FURTHER AMEND House Bill No. 63 on line 40 by deleting " 15-day " as it appears therein and inserting in lieu thereof " 30-day ".
FURTHER AMEND House Bill No. 63 by deleting line 64 in its entirety and inserting in lieu thereof " (a) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing pyrotechnic mixture that includes an audio or visual depiction of aerial fireworks or specifically advertises the sale of aerial fireworks may be distributed, ".
FURTHER AMEND House Bill No. 63 by inserting after line 68 and before line 69 the following:
“ (b) Except for billboards under subsection (c) of this section, no advertising for the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, may be distributed, published, aired, or otherwise made available to consumers in this State unless the advertising contains, at a minimum, a warning that fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1, that Delaware law limits the types of fireworks that may be used, that a permit may be required to use fireworks, and that potential purchasers should check their local and state laws before purchasing or using the advertised products.
(c) No billboard in this State may advertise the sale of fireworks or products containing any pyrotechnic mixture, except for products under § 6901(d) of this title, unless the advertising contains, in a font of sufficient size and legibility that can be read easily by an operator of a vehicle on the roadway towards which the billboard faces, the following language: “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING. ”.
FURTHER AMEND House Bill No. 63 on line 69 by deleting " (b) " as it appears therein and inserting in lieu thereof " (d) ".
FURTHER AMEND House Bill No. 63 on line 70 by deleting “ subsection (a) ” as it appears therein and inserting in lieu thereof “ subsections (a), (b), or (c) ”.
FURTHER AMEND House Bill No. 63 by deleting line 75 in its entirety and inserting in lieu thereof “ (e) No sale of fireworks or products containing any pyrotechnic mixture designed or intended for display listed in § 6901(a) of this title, or of any devices listed in § 6901(d) of this title containing an amount of pyrotechnic mixture exceeding the maximum limits set forth in § 6901(d) of this title, may be made in this State unless the ”.
FURTHER AMEND House Bill No. 63 by inserting after line 81 and before line 82 the following:
“ (3) Information on the safe usage and disposal of fireworks and similar products.
(4) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day.
(f) No sale of fireworks or products containing any pyrotechnic mixture that may be possessed or used in this State without a permit on July 4, the third day of Diwali, December 31, and January 1 may be made in this State unless the purchaser is provided with a written notification containing a warning on letter-sized paper containing the following information:
(1) Information on the safe usage and disposal of fireworks and similar products.
(2) A reminder that in general, fireworks are only legal on July 4, the third day of Diwali, New Year’s Eve, and New Year’s Day. ”.
FURTHER AMEND House Bill No. 63 by inserting after line 91 the following:
“Section 5. This Act takes effect on January 1 following its enactment into law.”.
SYNOPSIS
This Amendment to House Bill No. 63 changes the required advertising disclosures contained in House Bill No. 63. If an advertisement in this State depicts or advertises aerial fireworks, it must include a warning that fireworks are generally illegal without a permit in Delaware, that sparklers, poppers, and similar products may be illegal in Delaware, and that potential purchasers should check their local and state law before purchasing or using the advertised products. If an advertisement does not contain or depict aerial fireworks, it need only contain warnings that (1) fireworks may only be legally used in Delaware on July 4, the third day of Diwali, December 31, and January 1; (2) Delaware law limits the types of fireworks that may be used; (3) a permit may be required; and (4) potential purchasers should check their local and state laws before purchasing or using the advertised products. For billboard advertisements, a large and legible font must read “SOME FIREWORKS ARE ILLEGAL. CHECK LOCAL AND STATE LAWS BEFORE PURCHASING.”
Where House Bill No. 63 changed the 30-day sales period prior to the 4 holidays during which fireworks can be used to a 15-day sales period, this Amendment leaves it as a 30-day sales period. Where House Bill No. 63 required that a person seeking to sell fireworks must apply for a permit 90 days before the sales period, this Amendment requires the application 60 days before the sales period.
This Amendment further provides for two different categories of disclosures at the time of sale. For the sale of fireworks requiring a permit or otherwise containing pyrotechnic substances above the threshold limits allowable without a permit, the disclosure to buyers must include notice that (1) the fireworks may be illegal and illegal possession or use may result in financial penalties; (2) fireworks are dangerous and improper use may result in death or serious physical injury; (3) information on the safe usage and disposal of fireworks; and (4) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day. For the sale of fireworks that individuals may use and possess without a permit, the disclosure to buyers must include (1) information on the safe usage and disposal of fireworks and (2) a reminder that generally, fireworks are only legal on the third day of Diwali, July 4, New Year’s Eve, and New Year’s Day.
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