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Fireworks - As enacted, requires a person who offers sparkling devices for sale and who does not hold a fireworks permit to register each location at which the person offers such devices for sale with the state fire mars, the official text

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State f/Jennessee

                             PUBLIC CHAPTER NO. 1135

                                                    SENATE BILL NO. 2419

                                           By Stevens, Yager, Bailey, Bowling

                                            Substituted for: House Bill No. 2223

                                                   By Marsh, Glynn, Bricken

AN ACT to amend Tennessee Code Annotated, Title 68, relative to fireworks.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 68-104-101, is amended by adding the
following as new, appropriately designated subdivisions:

                    ( ) "Novelties" means party poppers, snappers, deregulated toy smoke devices,
          snakes, and glow worms that do not require approval from the United States department of
          transportation and are not regulated as explosives;

                    ( ) "Sparkling devices":

                              (A) Means ground-based or hand-held devices that emit showers of sparks
                    and sometimes a whistling or crackling effect when burning, do not detonate or
                    explode, cannot propel themselves through the air, and contain:

                                        (i) No more than seventy-five (75) grams of pyrotechnic compound per
                              tube;

                                        (ii) No more than a total of two hundred (200) grams of pyrotechnic
                              compound if multiple tubes are used; and

                                        (iii) No more than five hundred (500) grams of pyrotechnic compound if
                              multiple tubes are used and are separated from each other on a base by a
                              distance of at least one-half (1/2) inch; and

                              (8) Include cylindrical fountains, cone fountains, illuminating torches, wheels,
                    ground spinners, flitter sparklers, toy smoke devices, and wire sparklers containing no
                    more than one hundred (100) grams of pyrotechnic composition per item;

          SECTION 2. Tennessee Code Annotated, Section 68-104-102, is amended by adding the
following as a new subsection:

                    (h)(1) A person who offers sparkling devices for sale and who does not hold a permit
                    described in subsection (d) shall register with the state fire marshal each location at
                    which the person will offer sparkling devices for sale.

                              (2) The registration fee is twenty-five dollars ($25.00). The state fire marshal
                    shall not issue a registration to a person who is under eighteen (18) years of age.

                              (3) A registration is valid for the calendar year, or any fraction of the calendar
                    year, in which the registration was issued and expires on December 31 of that year.

                              (4) A registrant whose registration has expired and who has not renewed the
                    registration is not in violation of subdivision (h)(1) until the third day after the date of
                    expiration.
SB 2419

         SECTION 3. Tennessee Code Annotated, Section 68-104-105, is amended by adding the
following as a new subsection:

                   (e) This section does not apply to permits for sparkling devices.

          SECTION 4. Tennessee Code Annotated, Section 68-104-110, is amended by deleting the
section and substituting:

                   (a) Permissible items of fireworks, authorized by § 68-104-108, may be sold by a
          retailer or a seasonal retailer.

                    (b) As used in subsection (a), "fireworks" does not include toy pistols, toy canes, toy
          guns, or other devices in which paper caps containing twenty-five one-hundredths (0.25)
          grains or less of explosive compounds are used, if such pistols, canes, guns, or other
          devices are so constructed that the hand cannot come in contact with the cap when the cap
          is in place for exploding.

                    (c) Toy paper pistol caps that contain less than twenty-five one-hundredths (0.25)
          grains of explosive compounds, sparkling devices, novelties, emergency flares, matches,
          trick matches, and cigarette loads may be sold and used at all times.

          SECTION 5. Tennessee Code Annotated, Section 68-104-111 (a), is amended by deleting
the language:

          Placing, storing, locating or displaying of fireworks in any window where the sun may shine
          through glass onto the fireworks so displayed or to permit the presence of· lighted cigars,
          cigarettes, or pipes, within ten feet (1 0') of where the fireworks are offered for sale is
          declared unlawful and prohibited. At all places where fireworks are stored or sold

and substituting:

          Placing, storing, locating, or displaying fireworks or sparkling devices in a window where the
          sun may shine through glass onto the fireworks or sparkling devices so displayed or
          permitting the presence of lighted cigars, cigarettes, or pipes within ten feet (1 0') of where
          fireworks or sparkling devices are offered for sale is unlawful and prohibited. At all places
          where fireworks or sparkling devices are stored or sold

         •SECTION 6. Tennessee Code Annotated, Section 68-104-111 (b), is amended by adding the
language "or sparkling devices" after the language "All firework devices".

          SECTION 7. Tennessee Code Annotated, Section 68-104-112(a), is amended by deleting
the subsection and substituting:

                    (a)(1) To purchase Class C common fireworks or sparkling devices, a person must be
                    at least sixteen (16) years of age. A person who is sixteen (16) or seventeen (17)
                    years of age and who seeks to purchase Class C common fireworks or sparkling
                    devices must provide proof of age to the person, retailer, or seasonal retailer by
                    presenting a state-issued photo identification or must be accompanied by an adult. It
                    is unlawful to offer for retail sale or to sell Class C common fireworks or sparkling
                    devices to a person who is under sixteen (16) years of age or to an intoxicated or
                    irresponsible person.

                              (2) It is unlawful to explode or ignite fireworks or sparkling devices within six
                    hundred feet (600') of a church, hospital, asylum, or public school, or within two
                    hundred feet (200') of a location where fireworks are stored, sold, or offered for sale.

                              (3)(A) A person shall not ignite or discharge permissible articles of fireworks or
                              sparkling devices within a motor vehicle, or throw permissible articles of
                              fireworks or sparkling devices from a motor vehicle while the motor vehicle is
                              within or at or near any person or group of people.

                                        (B) A person shall not place or throw an ignited article of fireworks or
                              sparkling devices into, or at a motor vehicle or at or near any person or group
                              of people.

                              (4) It is unlawful for an individual, firm, partnership, or corporation to sell at
                    ret~il any Class C common fireworks or sparkling devices within any county of this
                 . •state.· having a population greater than three .hundred fifty-five thousand (355,000),
                   . according to the 201 O federal census or any subsequent federal census, except in
                    municipalities within such counties with a population of not less than six hundred

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SB 2419

                   (600) nor more than six hundred twenty (620), according to the 1980 federal census
                   or any subsequent census, that permitted the sale of such fireworks or sparkling
                   devices before 1984; provided, that it is not unlawful for Class C common fireworks to
                   continue to be sold by a person on a parcel of land that contains a fireworks stand, if:

                                       (A) The parcel of property upon which such fireworks or sparkling
                             devices are sold is either partially located in a county having a population in
                             excess of three hundred fifty-five thousand (355,000), according to the 2010
                             federal census or any subsequent federal census, or there is disagreement
                             concerning whether such property is wholly contained within a county having a
                             population in excess of three hundred fifty-five thousand (355,000), according
                             to the 2010 federal census or any subsequent federal census; and

                                       (B) Fireworks or sparkling devices have been sold annually at such
                             stand for a period of at least forty-five (45) years.
         SECTION 8. Tennessee Code Annotated, Section 68-104-116, is amended by deleting the
section and substituting:
                   (a) This chapter does not affect the validity of any private act, county ordinance, or
         city ordinance further prohibiting or restricting the sale or use of fireworks; provided, that in
         counties with a population of not less than fifty-eight thousand seventy-five (58,075) nor more
         than fifty-eight thousand one hundred seventy-five (58, 175), according to the 1980 federal
         census or any subsequent federal census, § 68-104-105 controls.
                   (b) A private act, county ordinance, or city ordinance that is in effect before or on
         June 30, 2026, and that prohibits or restricts the sale or use of fireworks pursuant to
         subsection (a) also prohibits or restricts the sale or use of sparkling devices, unless the
          private act, county ordinance, or city ordinance is amended to allow for the sale or use of
          sparkling devices.
          SECTION 9. This act takes effect July 1, 2026, the public welfare requiring it.

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         SENATE BILL NO. 2419

PASSED:  April 21, 2026

                                        RANDY llcNALLY

                               SPEAKER OF TH£1sENATE

                           -~

                         CAMERONSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

APPROVED this ;;l;;J.,_n:J day o f ~      2026

         /3rit fu_,
                      BILL LEE, GOVERNOR
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