Are Smoke Flares Legal in Poland?

Colorful and dense smoke always looks spectacular — but is it just eye candy, or can it lead to legal trouble?

Smoke flares are an essential part of many events, used to emphasize their importance with style. But before lighting one, it’s worth understanding the legal regulations that define when such pyrotechnics can be used. While smoke flares look amazing, the question remains: are they always legal?

Let’s find out when the use of smoke flares is not restricted by law.

Smoke Flares and the Law

First and foremost — using smoke flares is legal, but only under specific circumstances. The use of pyrotechnic products during events is governed by, among others, the Act on the Safety of Mass Events. In other cases, flare use could fall under Article 51 of the Code of Petty Offenses, if additional conditions are met — more on that below.

When Are Smoke Flares Allowed? Understanding Mass Event Regulations

According to Article 8, paragraph 2 of the Act on the Safety of Mass Events, it is prohibited to bring or possess pyrotechnic materials, explosives, or fire-hazardous substances at public events.

But what actually qualifies as a “mass event”? For a legal violation to occur, the event must meet specific criteria. The law defines a mass event as an artistic, entertainment, or sports gathering held:

• outdoors,

• in a stadium,

• or in any public space intended for such activities.

The most relevant rule for those planning to use flares is the minimum audience size:
any event with more than 1,000 attendees is classified as a mass event.
Events with fewer than 1,000 participants are not considered mass events under the law.
An exception applies to indoor venues, like sports halls, where amateur pyrotechnics are strictly prohibited regardless of audience size.

Football Matches and Flares: Legal or Not?

It’s hard to imagine a football match without a stunning visual display. Interestingly, flares can sometimes be used legally — especially at lower-league matches where crowd size doesn’t exceed 1,000. The same goes for fans located outside the official event zone, such as outside the stadium — they are not subject to the mass event regulations. However, be aware that even using flares outside the event area can still carry legal risks.

Smoke Flares and Public Disorder Offenses

Can you use smoke flares in other scenarios? It depends. While setting off flares in a city center or public space might seem legal, it can still be penalized under Article 51 §1 of the Code of Petty Offenses, especially if:

• loud shouting,

• excessive noise,

• or any other disruption accompanies the use.

If the smoke flare causes public disorder, you could face a fine or other legal consequences.

Public Gatherings and Pyrotechnics

Public gatherings — spontaneous or pre-registered — are not exempt from pyrotechnics laws. Using flares during such events is prohibited.

Although identifying individual flare users in large crowds is difficult, the act itself still qualifies as an offense under the Code of Petty Offenses. Potential consequences include:

• a fine,

• restricted liberty,

• or up to 14 days in detention.

When Is It Legal to Use Smoke Flares?

You can use smoke flares anytime the law doesn’t specifically forbid it — such as:

• at private ceremonies,

• family gatherings,

• or on private property (with the owner’s consent).

In such settings, the use of smoke flares is entirely legal and not subject to penalty.

Use Pyrotechnics Responsibly – Shop Online at Fajerwerki Lider

Make your event unforgettable with premium smoke flares from Fajerwerki Lider. All our products are sourced from certified manufacturers and fully comply with EU regulations.

Not sure which product to choose? Our experts are happy to help — contact us today.
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