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A 10923

Prohibits the retail sale of nitrous oxide and establishes civil penalties for violations; includes nitrous oxide misuse in the health care and wellness education and outreach program

2025 Regular Session Introduced by Anil Beephan and 13 co-sponsors

Prohibits retail sale of nitrous oxide to the public without exemptions, imposing civil penalties and adding education/outreach to curb misuse.

REPORTED REFERRED TO RULES
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WeVote Research Nonpartisan
Bill Summary · A 10923

Bill Summary: A.10923 (2025-2026) – Prohibits Retail Sale of Nitrous Oxide; Civil Penalties; Education Outreach; Repealer

Purpose and Intent

  • Prohibits the retail sale of nitrous oxide (N2O) to the general public, with limited exemptions, and establishes civil penalties for violations.
  • Integrates nitrous oxide misuse into New York’s health care and wellness education and outreach programs.
  • Repeals a prior general business law section related to the sale of whipped cream chargers (N2O canisters), replacing it with a new framework under public health and consumer protection laws.
  • Aims to reduce misuse of nitrous oxide, including associated health risks such as vitamin B-12 deficiency, impaired motor function, psychiatric effects, loss of consciousness, asphyxiation, and death.

Key Provisions

1) Public Health Law – Nitrous Oxide Misuse and Exemptions (Section 3380, Subdivision 5)

  • Prohibits use of nitrous oxide for intoxication or similar effects by the user or another person.
  • Prohibits sale of nitrous oxide canisters unless exempted by regulations.
  • Prohibits sale to persons under 21 (existing language updated in framework; current text emphasizes exemptions and retail restrictions).
  • Exempts use in industrial, medical, or dental applications.
  • Exempts certain products that use nitrous oxide as a propellant, provided they are not sold at retail to the public.
  • Allows the commissioner to exempt specific products that must use nitrous oxide, but such exemptions still prohibit retail sale to the public.
  • Clarifies that sales of food products containing nitrous oxide are not prohibited if compliant with agricultural marketing laws.

2) Repeal of Former Law (Section 834 of the General Business Law)

  • Repeals the existing General Business Law section governing sale of whipped cream chargers (N2O).

3) New General Business Law – Article 38-C: Nitrous Oxide

  • Establishes a new regulatory framework specific to nitrous oxide sales (Sections 840-844).

Definitions (Section 840)

  • Acceptable Sale: Sale that complies with exemptions established under the Public Health Law.
  • Nitrous Oxide: Excludes food products that comply with agriculture and markets law provisions.
  • Retail Sale: Defined as sales to a consumer or non-reseller; excludes acceptable sales.

Restrictions on Sale (Section 841)

  • Prohibits the sale of nitrous oxide at retail to the public unless the sale qualifies as an acceptable sale.
  • Civil penalties: Up to $2,500 for an initial offense; up to $5,000 for the second and subsequent offenses.

Exemption Required (Section 842)

  • Possession with intent to sell nitrous oxide without a health department exemption is a violation.
  • Civil penalties: Up to $2,500 for an initial offense; up to $5,000 for subsequent offenses.

Enforcement (Section 843)

  • Authority for the attorney general and state/local health officials to seek injunctive relief to stop prohibited activities.

Preemption (Section 844)

  • This article preempts all local ordinances/regulations on nitrous oxide sales; pre-existing local laws enacted before the effective date would be void.

4) Public Health Law – Education and Outreach (Section 207, New Paragraph t)

  • Adds a new requirement for the Health Commissioner to address dangers of nitrous oxide misuse in education and outreach efforts.
  • The Commissioner must consult with the Commissioner of the Office of Addiction Services and Supports when developing programs.

5) Effective Date

  • The act takes effect 180 days after becoming law.

Who Is Affected

  • Retail businesses and sellers of nitrous oxide products within New York State.
  • Manufacturers and distributors seeking to sell N2O products (subject to exemptions and regulatory oversight).
  • Public health officials and local governments (enforcement and education responsibilities).
  • Consumers, including those who might use nitrous oxide for non-medical purposes (age-21+ restrictions and compliance requirements).
  • Food product manufacturers using nitrous oxide as a propellant (subject to regulatory exemptions and retail sale prohibitions).

Procedural and Timeline Aspects

  • Replaces existing statute (Section 834 of the General Business Law) with a new Article 38-C dedicated to nitrous oxide.
  • Civil penalties become enforceable for noncompliant sales; enforcement mechanisms include injunctive relief.
  • Preemption clause eliminates conflicting local ordinances about N2O sales.
  • Takes effect 180 days after enactment.
  • Requires ongoing educational outreach coordinated with addiction services.

Notable Details

  • Civil penalties set at two tiers: up to $2,500 for the first offense; up to $5,000 for subsequent offenses.
  • Explicit prohibition on retail sale unless an exemption is granted by the Department of Health.
  • Education and outreach component requires interagency coordination to address health risks of misuse.

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

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