HUNNEWELL v. PALM BEACH COUNTY (1998)

District Court of Appeal of Florida,Fourth District.

Elwood J. HUNNEWELL, Jr., Appellant, v. PALM BEACH COUNTY, and Palm Beach County Code Enforcement Board, a Political Subdivision of the State of Florida, and Terry Verner, individually and as a Employee of Palm Beach County Code Enforcement, Appellees.

No. 98-2608

Decided: December 23, 1998

Elwood J. Hunnewell, Jr., Loxahatchee, pro se. Leonard Berger, Assistant County Attorney, West Palm Beach, for appellees.

We affirm an order denying appellant's petition for temporary injunction against the county enforcing Chapter 791, Florida Statutes (1997), which regulates the sale of fireworks. We reject appellant's argument that either the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. or the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq. preempts states from regulating or prohibiting the sale of fireworks. See United States v. Marcyes, 557 F.2d 1361 (9th Cir.1977). Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.

PER CURIAM.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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