Sec. 1. 8 MRSA §221, as enacted by PL 1985, c. 23, §2, is repealed.

Sec. 2. 8 MRSA §221-A is enacted to read:

§221-A.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Commissioner.__"Commissioner" means the Commissioner of Public Safety or a designee.

2.__Department.__"Department" means the Department of Public Safety.

3.__Display.__"Display" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks or special effects.__ "Display" includes a special effects display.

4.__Fireworks.__"Fireworks" means any:

A.__Combustible or explosive composition or substance;

B.__Combination of explosive compositions or substances;

C.__Other article that was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including blank cartridges or toy cannons in which explosives are used, the type of balloon that requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents and other fireworks of like construction;

D.__Fireworks containing any explosive or flammable compound; or

E.__Tablets or other device containing any explosive substance or flammable compound.

The term "fireworks" does not include toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing 25/100 grains or less of explosive compound are used if they are constructed so that the hand can not come in contact with the cap when in place for the explosion, toy pistol paper