98                                LAWS OF MARYLAND                        [CH. 46

(g) Testing of fireworks shall be performed in an area set aside
for that purpose and located at a safe distance, considering the na-
ture of the fireworks tested, from any plant building or neighboring
structure.

[18E] 23. Same—Manufacturing fireworks elsewhere than in
plant; operation of plant without license.

(a)    It shall be unlawful for any person to manufacture or process
fireworks in the State of Maryland except in a duly licensed fireworks
plant. Any person manufacturing or processing fireworks in the
State of Maryland in any location other than on the premises of a
duly licensed fireworks plant shall be guilty of a misdemeanor and
shall be fined not more than $1,000.00 or imprisoned for not more
than one year, or both.

(b)    Any person operating, or continuing to operate a fireworks
plant in the State of Maryland for which a license has been denied,
suspended or revoked shall be guilty of a misdemeanor and shall be
fined not more than $2,000.00, or imprisoned for not more than two
years, or both fined and imprisoned.

[19] 24. Exceptions to application of subtitle.

Nothing in this subtitle shall apply to the sale to, possession of, or
use of fireworks by the [f]Federal, State, County or municipal govern-
ments, nor to the sale to, possession of or use of combustibles or ex-
plosive preparations required by industrial or commercial concerns
for use as signals or otherwise in the normal course of their business;
NOR TO THE POSSESSION OR USE OF FUSEES, RAILROAD
TORPEDOES, ROCKETS, OR OTHER SIGNAL DEVICES AS
MAY BE ESSENTIAL TO PROMOTE SAFETY IN THE OPER-
ATION OF ANY MOTOR VEHICLE, BOAT OR RAILROAD;
nor to the use of flares, signal pistols and other equipment when the
same are to be used as signals in athletic contests or for similar pur-
poses; nor to the sale to, possession or use by farmers or explosive
devices or preparations known as fire crackers, salutes or cherry
bombs, for use with a slow-burning fuse rope, in the control of de-
structive birds, under and subject to the terms and conditions of a
permit issued by the [Insurance Commissioner] State Fire Marshal,
and the said [Commissioner] State Fire Marshal is hereby authorized
to grant nontransferable special permits for the purpose. State game
wardens may act as representatives of the [State Insurance Commis-
sioner] State Fire Marshal in the issuance of such permits to farmers
for use in the control of destructive birds.

[20]. 25. Severability.

If any section or provision of this subtitle is held to be invalid such
invalidity shall not affect the validity or applicability of the other
sections or provisions thereof.

Explosives

[21] 26. Definitions.
As used in this subtitle:

(a) "Explosives" means gunpowder, powders for blasting, high
"explosives" blasting materials, fuses (other than electric circuit