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S 9567

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 Jake Ashby and 2 co-sponsors

Prohibits retail sale of nitrous oxide to the public (with exemptions), creates penalties for violations, and strengthens statewide controls and education on nitrous oxide misuse.

REFERRED TO WAYS AND MEANS
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Bill Summary · S 9567

Overview

Bill S. 9567 (2025-2026, New York) amends public health and general business law to prohibit retail sale of nitrous oxide (N2O) to the public, establishes civil penalties for violations, expands health education and outreach on nitrous oxide misuse, and repeals a prior general business law provision related to whipped cream charger sales. The measure is sponsored by Sen. C. Ryan with co-sponsors.

Purpose and Intent

  • To curb nitrous oxide misuse by tightening retail access and increasing awareness of health risks.
  • To authorize civil penalties for noncompliance and create a framework for enforcement.
  • To incorporate nitrous oxide misuse into statewide health education and outreach efforts.

Key Provisions

Public Health Law (amendments)

  • Prohibits use of nitrous oxide for intoxication or similar effects by individuals.
  • Prohibits sale of nitrous oxide canisters/containers to individuals under 21, with exemptions for certain allowed uses.
  • Creates exemptions for industrial, medical, or dental applications and for products that use nitrous oxide as a propellant, provided such products are not sold at retail to the public.
  • Directs the commissioner to promulgate regulations exempting specific products that must use nitrous oxide, while still prohibiting retail sale to the public.
  • Authorizes sale of nitrous oxide in food products only to the extent compliant with agriculture and markets law.
  • Adds a new framework for manufacturer/seller exemptions (historically used to balance legitimate uses vs. misuse) that includes:
    • Clear indication of legitimate purpose on packaging.
    • Prominent health-warning language on packaging.
    • Distinctive features to distinguish products from others.
    • Education requirements for wholesalers/retailers about dangers and sale monitoring.
    • Prohibition on selling to entities that sell drug paraphernalia.

Repeal

  • Repeals Section 834 of the General Business Law (previous provisions governing whipped cream charger sales).

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

  • Defines terms:
    • Acceptable Sale: permitted per public health law exemptions.
    • Nitrous oxide: excludes certain food products if compliant with related law.
    • Retail sale: to consumers or non-re sellers; acceptable sales exempt from restrictions.
  • Restrictions on sale:
    • Prohibits retail sale of N2O unless it is an acceptable sale.
    • Civil penalties: up to $2,500 for the first offense; up to $5,000 for subsequent offenses.
  • Exemption required:
    • Possession with intent to sell without a Health Department exemption is prohibited, with corresponding penalties.
  • Enforcement:
    • Authority for AG, health officers, local attorneys, or municipal chief executives to seek injunctions.
  • Preemption:
    • Preempts local ordinances on nitrous oxide sale, voiding inconsistent local regulations.

Public Health Law – Education and Outreach

  • Adds new paragraph (t) to emphasize the dangers of nitrous oxide misuse (including vitamin B-12 deficiency, impaired function, psychiatric issues, loss of consciousness, asphyxiation, death).
  • Requires consultation with the Office of Addiction Services and Supports when developing education/outreach programs.

Effective Date

  • Takes effect 180 days after enactment.

Potential Impact

  • Reduced availability of nitrous oxide to the general public, especially those under 21.
  • Increased compliance burden on retailers, manufacturers, and distributors; higher potential penalties for violations.
  • Strengthened regulatory framework with explicit preemption of local rules, creating uniform statewide standards.
  • Expanded public health education on nitrous oxide risks and collaboration with addiction services.

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

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