South Dakota § 34-37-1 - Definition of terms.

§ 34-37-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

(2)    "Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

(3)    "Public event," use of fireworks for commerce on public property or sponsored by a public entity;

(4)    "Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;

(5)    "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;

(6)    "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;

(7)    "Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.

Source: SL 1964, ch 31, § 1; SL 1983, ch 259, § 1; SL 1998, ch 213, § 1; SL 2019, ch 154, § 1, eff. Mar. 20, 2019.