16 CFR Sec. 1500.17 Banned hazardous substances.

   (a) Under the authority of section 2(q)(1)(B) of the act, the
Commission declares as banned hazardous substances the following
articles because they possess such a degree or nature of hazard that
adequate cautionary labeling cannot be written and the public health and
safety can be served only by keeping such articles out of interstate
commerce:
...
(3) Fireworks devices intended to produce audible effects (including
but not limited to cherry bombs, M-80 salutes, silver salutes, and other
large firecrackers, aerial bombs, and other fireworks designed to
produce audible effects, and including kits and components intended to
produce such fireworks) if the audible effect is produced by a charge of
more than 2 grains of pyrotechnic composition; except that this
provision shall not apply to such fireworks devices if all of the
following conditions are met:
   (i) Such fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered by the U.S.
Department of the Interior (or by equivalent State or local government
agencies); and
   (ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use of such
devices, is of a quantity no greater than required to control the
problem described, and is where other means of control are unavailable
or inadequate. (See also Sec. 1500.14(b)(7); Sec. 1500.17(a) (8) and
(9); Sec. 1500.83(a)(27); Sec. 1500.85(a)(2); and part 1507).
...
(8) Firecrackers designed to produce audible effects, if the audible
effect is produced by a charge of more than 50 milligrams (.772 grains)
of pyrotechnic
composition (not including firecrackers included as components of a
rocket), aerial bombs, and devices that may be confused with candy or
other foods, such as ``dragon eggs,'' and ``cracker balls'' (also known
as ``ball-type caps''), and including kits and components intended to
produce such fireworks except such devices which meet all of the
following conditions:
   (i) The fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered by the U.S.
Department of Interior (or by equivalent State or local governmental
agencies); and
   (ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use of such
devices, is of a quantity no greater than required to control the
problem described, and is where other means of control is unavailable or
inadequate. (See also Sec. 1500.17(a) (3) and (9)).
   (9) All fireworks devices, other than firecrackers, including kits
and components intended to produce such fireworks, not otherwise banned
under the act, that do not comply with the applicable requirements of
part 1507 of this chapter, except fireworks devices which meet all the
following conditions:
   (i) The fireworks devices are distributed to farmers, ranchers, or
growers through a wildlife management program administered by the U.S.
Department of the Interior (or by equivalent State or local government
agencies); and
   (ii) Such distribution is in response to a written application
describing the wildlife management problem that requires use of such
devices, is of a quantity no greater than required to control the
problem described, and is where other means of control is unavailable or
inadequate. (See also Sec. 1500.17(a) (3) and (8)).


---------------
15 USC 1263. Prohibited Acts
The following acts and the causing thereof are prohibited:
(a) The introduction or delivery for introduction into interstate commerce of
any misbranded hazardous substance or banned hazardous substance.
...
   (c) The receipt in interstate commerce of any misbranded hazardous substance
or 
banned hazardous substance and the delivery or proffered delivery thereof for 
pay or otherwise.

---------------

Jerry Irvine Dec 5, 7:03 pm
From: Jerry Irvine <01rocket@gte.net>  
Date: Sun, 05 Dec 2004 19:03:14 -0800
Local: Sun,Dec 5 20047:03 pm
Subject: Re: EX take notice Re: CPSC trying to stop chemical sales

Only when used in "Fireworks devices intended to produce audible 
effects" described which seems to exclude devices under 2 grains 
(129.53mg)

And they really screwed with the wrong bunch of gents here:
16 CFR 1500.17-a-8 (there's that damned a-8 again!!)

Given all the LEGAL uses for the materials at issue, they have NO BASIS for 
any general interruption of suppliers in commerce. And no we do not use 
them so we are not biased.

Tea party anyone?

Copyright 2004 Jerry Irvine
Jerry told you so.