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SB 2195

A BILL for an Act to create and enact a new section to chapter 19-21 of the North Dakota Century Code, relating to requirements for selling aerosol dusters containing difluoroethane; to amend and reenact subsection 2 of section 19-03.1-22.1 of the North Dakota Century Code, relating to the classification of difluoroethane as a volatile chemical; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Judy Lee

Restrict aerosol dusters with 1,1-difluoroethane to behind-the-counter sale to verified 21+ buyers, limit to four cans per transaction, with new labeling requirements.

Second reading, failed to pass, yeas 5 nays 79
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Bill Summary · SB 2195

Summary — SB 2195 (North Dakota, 2025)

Overview / Purpose

SB 2195 would restrict retail access to aerosol “dusters” that use 1,1‑difluoroethane as a propellant, by (1) treating difluoroethane as a regulated volatile chemical in statute and (2) imposing retail‑sale, age‑verification, quantity‑limit and labeling requirements. The bill’s stated intent is to protect public health and safety by reducing access to a product associated with inhalant abuse.

Key provisions

  • Classification

    • Reenacts and amends subsection 19‑03.1‑22.1(2) to include difluoroethane among listed “volatile chemicals.” (Difluoroethane already appears in the list; the bill amends/reenacts that subsection.)

  • New retail‑sale section (chapter 19‑21)

    • Definitions:
    • “Aerosol duster” — product with aerosol propellant for cleaning electronics.
    • “Behind the counter” — product placed behind a counter, barrier, or locked cabinet so purchasers do not have direct access pre‑sale.
    • “Proof of age” — government‑issued document showing date of birth (driver’s license, passport, military ID).
    • Sales restrictions:
    • Retailers may sell aerosol dusters containing 1,1‑difluoroethane only from behind the counter.
    • Sale only to purchasers verified to be at least 21 years old with proof of age (later versions of the bill increase the minimum age from 18 to 21).
    • Transaction quantity limit: no more than four cans in a single transaction (some committee draft language shows three cans in an earlier amendment; the first engrossment sets four).
    • Labeling: “The department shall adopt labeling requirements” for products containing 1,1‑difluoroethane to protect health and safety. (The bill text does not specify the department by name or the content of labels.)
    • Penalty: the title says the act would “provide a penalty,” but the published text does not specify penalty language or fines.

Who would be affected

  • Retailers that sell aerosol dusters (brick‑and‑mortar stores would need to store product behind counters or locked cabinets, verify age, and limit quantities).
  • Consumers under 21 (would be prohibited from purchase).
  • State agency(ies) responsible for adopting the labeling rule referenced in the bill.
  • Enforcement entities (state/local regulators and retailers).

Legislative status & timeline

  • Introduced: March 11, 2025 (Sen. Lee).
  • Reported by Human Services Committee with amendments (committee report dated Jan 21, 2025).
  • Multiple amendments during consideration changed age and quantity limits in different drafts.
  • Final action: Second reading — failed to pass (yeas 5, nays 79) on March 21, 2025. SB 2195 therefore did not become law in this session.

Related bills

  • HB 956 (companion)
  • HB 2650 (companion)

Notes, limitations, and implementation considerations

  • The bill text references “the department” without naming which state department will adopt labeling rules; implementing rulemaking may require identification of the responsible agency.
  • Penalty details are not present in the text excerpts provided; enforcement procedures and sanctions remain unspecified.
  • The bill applies to in‑store retail sales; it does not explicitly address online sales, mail orders, resale, or how verification should be applied for remote purchases.
  • Drafts in the record show variation (age: 18 → 21; quantity: 3 → 4 cans). The summary reflects the most recent engrossed language but the bill failed final passage.

Compiled from official sources — confirm details with the bill’s official record.

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