Public health: nitrous oxide

The law restricts retail access to nitrous oxide and lets local governments impose tighter rules. Grocery stores and general merchandise stores with grocery departments remain exempt, while convenience stores do not.

What the law does ​

• Prohibits retailers from selling nitrous oxide at retail locations.
• Exempts grocery stores and general retail merchandise stores with grocery departments from the ban.
• Treats convenience stores as retailers subject to the ban.
• Allows cities and counties to enact stricter retail-sale restrictions that do not limit legitimate uses.

Who it affects ​

• Retailers, especially convenience stores and other nonexempt stores selling nitrous oxide.
• Grocery stores and general merchandise stores with grocery departments.
• Cities and counties adopting or enforcing stricter local rules.
• Users and businesses obtaining nitrous oxide for medical, dental, food-preparation, industrial, manufacturing, or automotive purposes.

Context ​

Local restrictions must preserve legitimate uses, including medical, dentistry, food preparation, industrial, manufacturing, and automotive services.

Breakdown ​

Retail Nitrous Oxide Sales ​

The bill bars retailers from selling nitrous oxide at retail locations, with specified exceptions. It also allows local governments to impose stricter limits on retail nitrous oxide sales as long as they do not restrict legitimate uses.

Key takeaways

• Retailers are prohibited from selling nitrous oxide in retail locations unless an exception applies.
• The restriction is added to the state retail licensing rules for cigarettes and tobacco products.
• A violation of these retail licensing provisions is a misdemeanor.
• Cities and counties may adopt stricter local rules on retail nitrous oxide sales.
• Local rules may not restrict legitimate uses of nitrous oxide as specified by the bill.

No State Reimbursement ​

The bill expands an existing crime, which can create new enforcement duties for local agencies. It states that the state does not have to reimburse local agencies or school districts for those costs because of a specified legal reason.

Key takeaways

• The bill may increase local enforcement responsibilities by expanding an existing crime.
• The bill says the state is not required to reimburse local agencies or school districts for costs created by this change.
• The bill relies on a specified exception to California’s usual reimbursement requirements for state-mandated local costs.