(1) As used in this section, "nitrous oxide" means any of the following substances:
- (a) N2O;
- (b) Dinitrogen monoxide;
- (c) Dinitrogen oxide;
- (d) Nitrogen oxide;
- (e) Butyl nitrite;
- (f) Isobutyl nitrite;
- (g) Secondary butyl nitrite;
- (h) Tertiary butyl nitrite; or
- (i) Laughing gas.
- (2) A retailer shall not sell, distribute, give away, or cause to be sold any device, canister, tank, or receptacle that either exclusively contains nitrous oxide or exclusively contains a chemical compound mixed with nitrous oxide.
(3) Nitrous oxide shall only be available for the uses as authorized by this subsection. This section shall not prohibit:
- (a) The sale or distribution of medical gases that contain nitrous oxide by a wholesaler licensed by the Kentucky Board of Pharmacy;
- (b) Any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a dentist or dental hygienist in accordance with KRS 313.060;
- (c) The possession or use of nitrous oxide substances by a manufacturer as part of a manufacturing process or industrial operation;
- (d) The possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products; or
- (e) The possession, use, or sale of nitrous oxide for automotive purposes.
(4) Any retailer that violates this section shall be subject to:
- (a) A two thousand five hundred dollar ($2,500) fine to the owner of a retail establishment for a first citation issued for a violation of this section;
- (b) A five thousand dollar ($5,000) fine to the owner of a retail establishment for a second citation issued for a violation of this section; and
- (c) Up to thirty (30) days in jail for a third citation issued for a violation of this section.
- (5) Each citation shall be specific to the premises of the retailer where the violation occurred.
Effective: June 27, 2025
History: Created 2025 Ky. Acts ch. 78, sec. 16, effective June 27, 2025.