69A-50.015. Submission Procedures

(1) The submission procedures outlined in this rule apply to those persons submitting product samples to the division for testing to determine whether those products meet the definition of sparklers as set out in section 791.01(8), F.S. Products to be sold as sparklers shall be tested and approved by the division before they are legal for sale. It is not necessary for each person wishing to sell a particular item to submit that item personally. Rather, it is only necessary that the particular item be submitted by someone for testing. Processing of the submitted product samples is subject to the provisions of chapter 120, F.S., including section 120.60, F.S.

(2) Five (5) samples of each product shall be submitted for testing. The State Fire Marshal, however, reserves the right to request additional samples up to a maximum of ten (10), if needed, to determine whether the product conforms to the standards set forth in Section 791.01, F.S. Samples shall be accompanied by Form DFS-K3-362, http://www.flrules.org/Gateway/reference.asp?No=Ref-05903, entitled “Request for Sparkler Analysis,” revised 9/15, which is hereby adopted and incorporated by reference. Copies of Form DFS-K3-362 are available from the Bureau of Fire and Arson Investigations, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The “Request for Sparkler Analysis” form shall be accurately completed. The form shall be accompanied by a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number on the product and a chemical composition laboratory report issued in compliance with 49 CFR Parts 100-177, October 1, 2014 Edition, which is hereby adopted and incorporated by reference, and available from the internet at http://www.gpo.gov/fdsys/pkg/CFR-2014-title49-vol2/pdf/CFR-2014-title49-vol2.pdf.

(3) Samples of products submitted for analysis shall be sent prepaid to: Bureau of Forensic Fire and Explosives Analysis, 38 Academy Drive, Havana, Florida 32333.

(a) Each shipping container shall include an accurately completed Form DFS-K3-362, as incorporated in subsection 69A-50.015(2), F.A.C., listing each sample product within the container. Each sample listed on the Form DFS-K3-362 shall contain the name of the sample product as printed on the product.

(b) A chemical composition laboratory report issued in compliance with 49 CFR Parts 100-177, current edition adopted in subsection 69A-50.015(2), F.A.C., and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number shall be attached to Form DFS-K3-362 for each sample product in the shipping container.

(c) Each shipping container of sample products submitted for analysis shall be properly labeled on the exterior of the shipping container with the sender’s name, company, certificate of registration number, and return address.

(4) In order for products to be considered for approval, samples must be received by the division by September 1 of the year immediately preceding the year in which the submitter wishes the product to be sold. If September 1 falls on a Saturday, Sunday or a legal holiday, submissions will be considered timely if they are received by 5:00 p.m. on the next day which is not a Saturday, Sunday, or a legal holiday.

(5) A shipping container of sample products shall be returned to the sender post-collect or freight-collect and will not be tested for approval if any of the following occur:

(a) Form DFS-K3-362 is not accurately completed for each sample product submitted in a shipping container.

(b) A chemical composition laboratory report issued in compliance with 49 CFR Parts 100-177, 1992 current edition adopted in subsection 69A-50.015(2), F.A.C., and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number does not accompany Form DFS-K3-362 for each sample product in the shipping container.

(c) Any submissions for which mailing or freight or any other shipping charges are due.

(d) Any submissions shipped to its office in Tallahassee or any division office other than the laboratory in Havana.

(e) Any samples received after the September 1 deadline.

(6) The division shall dispose of any samples which remain after testing. Any person wishing to have untested samples returned shall make arrangements with the laboratory in Havana. The division will not pay for samples to be returned.

Rulemaking Authority 624.308(1), 791.013(1), (3) FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 7-29-90, 10-20-93, Formerly 4A-50.015, Amended 10-28-15.