CA Balloon Law
In 1990, California State Legislature passed a bill which enacted a Balloon Law. This law regulated the use and sales of helium-filled, foil balloons in and effort to reduce the amount of foil/metallic balloons causing power outages. In addition, this law banned individuals or groups from releasing balloons made of a metallic, conductive material and filled with a gas lighter than air (such as helium). Recent bills that have become law require that the manufacturers of Mylar balloons contain a permanent warning label in a readable font that says: “Not intended for release. Use with counterweight. Dispose of properly.” Although it is law that these balloons come with weights, most people remove them, tie them to a post, or give it to their children. This increases the chance of these balloons to fly away into the ocean!
Can you read this warning? This “readable font” is easily overlooked by consumers due to manufacturers’ minimal compliance .
CALIFORNIA PENAL CODE SECTION 653.1
653.1. (a) No person shall sell or distribute any balloon which is constructed of electrically conductive material, and filled with a gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.
(2) Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
(3) A printed identification of the manufacturer of the balloon.
(b) No person shall sell or distribute any balloon filled with a gas lighter than air, which is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance.
(c) No person shall sell or distribute any balloon which is constructed of electrically conductive material and filled with a gas lighter than air, which, is attached to another balloon constructed of electrically conductive material and filled with a gas lighter than air.
(d) No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement.
(e) Any person who violates subdivision (a), (b), (c), or (d) shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates subdivision (a), (b), (c), or (d) who has been previously convicted twice of violating subdivision (a), (b), (c), or (d) shall be guilty of a misdemeanor.
(f) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.