BILL NUMBER: S9567
SPONSOR: RYAN C
 
TITLE OF BILL:
An act to amend the public health law and the general business law, in
relation to prohibiting the retail sale of nitrous oxide and establish-
ing civil penalties for violations; to amend the public health law, in
relation to including nitrous oxide misuse in the health care and well-
ness education and outreach program; and to repeal section 834 of the
general business law relating to the sale of whipped cream chargers
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the sale of nitrous oxide at retail to the public and estab-
lish penalties on businesses that violate the provisions. To expand
education on the dangers of nitrous oxide misuse.
 
SUMMARY OF PROVISIONS:
Section 1. Amends and repeals portions of subdivision 5 of section 3380
of the public health law.
Section 2. repeals section 834 of the general business law.
Section 3. creates a new article 38-c for regulating the sale of nitrous
oxide.
§ 840. Establishes definitions for the purposes of the article.
§ 841. Prohibits the sale of nitrous oxide at retail to the public
unless it would be deemed an acceptable sale. Establishes civil penal-
ties for businesses that violate the section.
§ 842. Prohibits the sale of nitrous oxide at retail to the public with-
out an exemption granted by the department of health pursuant to subdi-
vision 5 of section 3380 of the public health law. Establishes civil
penalties for businesses that violate the section.
§ 843. Establishes which entities may initiate actions to enjoin activ-
ities under the provisions of the article.
§ 844. Preemption clause
Section 4. Includes the misuse of nitrous oxide in the health care and
wellness education and outreach program.
Section 5. Severability clause.
Section 6. Effective date.
 
JUSTIFICATION:
Nitrous oxide, also known as laughing gas, is used as a sedative in
medical applications, as a propellant in both automotive and rocketry
applications, and in food products. Unfortunately, the product is also
misused as an inhalant for its euphoric and hallucinogenic effects.
When used medicinally, in controlled settings, nitrous oxide is deliv-
ered with up to 70 percent oxygen preventing the patient from only
inhaling the gas. When used recreationally, 100 percent nitrous oxide is
inhaled, displacing oxygen in the lungs causing serious health compli-
cations.
The FDA warns that inhaling nitrous oxide can result in the following
symptoms and serious health problems: Abnormal blood counts, asphyxia-
tion, blood clots, frostbite, headache, impaired bowel and bladder func-
tion, lightheadedness, limb weakness, loss of consciousness, numbness,
palpitations, paralysis, psychiatric disturbances (delusions, hallucina-
tions, paranoia, depression), tingling, trouble walking, vitamin B12
deficiency, and in some cases death. For individuals who regularly
inhale nitrous oxide, it can lead to prolonged neurological effects,
including spinal cord or brain damage, even after stopping use.
Nitrous oxide misuse is increasingly becoming a larger problem for
public health. According to the Journal of the American Medical Associ-
ation, nitrous oxide caused deaths increased by more than 500 percent
from 2010 to 2023. According to the National Survey Results on Drug Use
by the NIH, inhalants are used more by adolescents and young adults than
adults aged 26 and older. Further they found that in 2020, 6 percent of
8th graders, about 3 percent of 10th graders, and about 2 percent of
12th graders reported using inhalants in the last 12 months. Even more
troubling among their findings is that the number of 8th graders that
said they would disapprove of even trying an inhalant dropped below 80
percent for the first time in the survey's history in 2016 and continued
to decline in years after.
Nitrous oxide is currently permitted to be sold in New York State at
retail to the public so long as, among some other requirements, it
includes a warning of the health risks associated with misuse and the
legitimate purpose for the product is indicated on the package. In 2021,
New York State passed legislation banning the sale of nitrous oxide to
individuals under the age of 21.
Despite these regulations, nitrous oxide is still sold in colorful and
eye-catching packaging which some argue caters to the youth population.
It is often combined with fruity flavors solely to improve the taste of
the gas when inhaled which serves no legitimate culinary purpose,
contrary to what sellers and manufacturers claim.
This bill seeks to completely prevent the sale of nitrous oxide to the
public outside of the acceptable uses already defined in the public
health law. The bill does not punish people with substance use disorder
but rather imposes civil penalties on businesses if they continue to
sell nitrous oxide at retail to the public.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
180 days after it shall have become a law.

Statutes affected:
S9567: 834 general business law, 207 public health law, 207(1) public health law