New York State law now allows for the sale and use of a specific category of consumer fireworks known as Sparkling Devices. Sparkling Devices are ground based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke. The law limits the type, size and construction of Sparkling Devices and requires that these devices must be hand held or mounted on a base or spike and be limited in sizes that range from 1 to 500 grams of pyrotechnic composition.
Sale and use of Sparkling Devices is legal in counties and cities that have NOT enacted a local law to "opt out". The Office of Fire Prevention and Control has been notified that the following counties have prohibited the sale and use of Sparkling Devices: Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond, and Schenectady.
New York laws allows permanent retailers to obtain a permit to sell sparklers and small fireworks from June 1 to July 5 and December 26 to January 1 each year. Temporary stands/tents with a permit are allowed to sell from June 20 to July 5 and December 26 to January 1.