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March 29, 2023

EPCD License Help


The U.S. Bureau of Alcohol, Tobacco and Firearms classifies Bird Bombs® bird scaring pyrotechnics as EPCDs (explosive pest control devices), and requires a federal explosives license/permit prior to purchase (applies to private/corporate users; government agencies are generally exempt from license requirement).

The Federal Explosives License or permit is commonly referred to as an "FEL". A Federal Firearms License (FFL) is NOT acceptable for purchase of Bird Bombs®.

Excluding government entities or contractors thereof, your FEL must be submitted to Sutton Ag to purchase Bird Bombs®.

To apply for an FEL:

Go to the ATF website:
and download ATF Form 5400.13/5400.16

Form 5400.13/5400.16 is to be completed by the responsible person(s) applying for the license. If there will be other users of Bird Bombs® covered under your license, you will also need to complete ATF form 5400.28 "Employee Possessor Questionnaire" for each user.

Submit your completed application, 2-inch photo(s), fingerprint card(s),
and applicable fee to the ATF at the address listed at the top of page 6.
The application will be referred to the nearest ATF field office for review and facility inspection. You should be contacted in 30 -60 days.

Our tips for completing form 5400.13 / 5400.16 (as applies to Bird Bombs®) :

Page 1, items 1-10: To obtain a fingerprint identification card, ATF directs you to inquire with your local law enforcement agency.

Page 2, item 11: Enter your (and/or your employees') personal information as indicated.

Page 3, item 12: Decide which license/permit you are applying for, check the "Other" box, and enter "EPCD" on the blank line. We recommend the $100 "User of Explosives" permit (see permit comparison below).
Permit comparison:

"User of Explosives"
Fee is $100. Good for 3 years, renewable for $50. Upon approval, send a copy of your permit to Sutton Ag. Your purchases of Bird Bombs® will be valid until the permit expires.

"User (Limited) of Explosives"
Fee is $75. Good for 1 year, not renewable. Upon approval, you'll receive your permit coupons allowing up to 6 purchases in 1 year. We've found the coupon system is complicated and requires even
more recordkeeping.

"Limited Permit (Intrastate Only)"
Fee is $25. Good for 1 year, renewable for $12. This permit allows for 6 purchases within 1 year, but purchase must be made within the state where the Bird Bombs® are to be used. To buy from Sutton Ag, this is only an option of you reside in California. We've found the coupon system is complicated and requires even more recordkeeping.

Page 3, item 13: Inquire with your local authorities.

Page 5/Explosives Storage Magazine Description Worksheet: If you plan to store your Bird Bombs® in one of Sutton Ag's EPCD Storage Magazines, we will provide a partially completed magazine description worksheet. You will only need to add your personal information as indicated. If you plan to use a magazine not supplied by Sutton Ag, we can help you complete the
worksheet (your local ATF office can also help).

Magazine Model 1
Capacity: 5 cu.ft. Holds up to
2,000 rounds of Bird Bombs®