Assembly Bill A9287

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9287
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law and the penal law, in relation to
   criminalizing certain sales and possessions of nitrous oxide;  and  to
   repeal  certain  provisions  of the public health law relating thereto
   (Part A); to amend the general business law, in relation to regulating
   the sale of nitrous oxide; and to repeal certain  provisions  of  such
   law  relating  thereto  (Part  B);  to amend the public health law, in
   relation to establishing an education and outreach program relating to
   nitrous oxide (Part C); and to amend the vehicle and traffic  law,  in
   relation  to  criminalizing  driving while ability impaired by nitrous
   oxide (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  the  possession  and sale of nitrous oxide. Each component is wholly
 contained within a Part identified as Parts A through D.  The  effective
 date  for  each  particular  provision contained within such Part is set
 forth in the last section of such Part. Any  provision  in  any  section
 contained within a Part, including the effective date of the Part, which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the Part in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Subdivision 5 of section 3380 of the public health  law  is
 REPEALED.
   § 2. Paragraph b of subdivision 6 of section 3380 of the public health
 law,  as  amended by chapter 234 of the laws of 1985, is amended to read
 as follows:
   (b) Any person who violates any  provision  of  subdivision  four  [or
 five] of this section shall be guilty of a class A misdemeanor.

              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14062-01-5
 A. 9287                             2
 
   §  3.  The penal law is amended by adding a new article 223 to read as
 follows:
                                ARTICLE 223
                               NITROUS OXIDE
 SECTION 223.00 NITROUS OXIDE; DEFINITIONS.
         223.10 CRIMINAL POSSESSION OF NITROUS OXIDE.
         223.20 CRIMINAL SALE OF NITROUS OXIDE IN THE SECOND DEGREE.
         223.30 CRIMINAL SALE OF NITROUS OXIDE IN THE FIRST DEGREE.
 § 223.00 NITROUS OXIDE; DEFINITIONS.
   1. (A) "ACCEPTABLE USE" MEANS THE POSSESSION AND USE OF NITROUS OXIDE:
   I.  BY A MANUFACTURER AS PART OF A MANUFACTURING PROCESS OR INDUSTRIAL
 OPERATION BY A PERSON AT LEAST TWENTY-ONE YEARS OF AGE;
   II. BY A HEALTH CARE PROFESSIONAL  FOR  ADMINISTRATION  TO  A  PATIENT
 UNDER  THEIR  CARE WHEN ACTING WITHIN THE PROFESSIONAL'S LAWFUL SCOPE OF
 PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW;
   III. FOR AUTOMOTIVE OR ROCKETRY PURPOSES BY A PERSON AT LEAST  TWENTY-
 ONE  YEARS  OF  AGE,  PROVIDED THE NITROUS OXIDE IN QUESTION IS COMBINED
 WITH OTHER FUELS OR CHEMICALS DESIGNED TO DETER HUMAN CONSUMPTION;
   IV. BY AN INDIVIDUAL AT LEAST EIGHTEEN  YEARS  OF  AGE  USING  NITROUS
 OXIDE  AS  A PROPELLANT IN FOOD PREPARATION IN A FOOD SERVICE ESTABLISH-
 MENT OR FOOD SERVICE TRAINING PROGRAM;
   V. IN AN AMOUNT NOT TO EXCEED ONE HUNDRED GRAMS OF NITROUS OXIDE TOTAL
 BY AN INDIVIDUAL AT LEAST TWENTY-ONE YEARS OF AGE FOR  PERSONAL  USE  IN
 FOOD PREPARATION;
   VI. IN A FORM AND MANNER APPROVED IN REGULATION BY THE COMMISSIONER OF
 HEALTH OR THE COMMISSIONER OF EDUCATION.
   (B) THE PRESENCE OF ADDITIONAL FLAVORING IN OR LABELING ON ANY PART OF
 A  NITROUS  OXIDE  CONTAINER  REFERRING  TO  THE SUBSTANCE THEREIN BEING
 FLAVORED, EXCEPT TO NOTE THE PRESENCE OF A CHEMICAL  DESIGNED  TO  DETER
 MISUSE,  SHALL CREATE A REBUTTABLE PRESUMPTION AGAINST THE NITROUS OXIDE
 IN QUESTION BEING FOR AN ACCEPTABLE USE.
   2. FOR THE PURPOSES OF THIS ARTICLE, THE TERM  "NITROUS  OXIDE"  SHALL
 NOT INCLUDE NITROUS OXIDE THAT HAS BEEN PREMIXED WITH A DAIRY PRODUCT OR
 A  DAIRY-LIKE  NON-DAIRY  PRODUCT  FOR  THE PURPOSES OF MAKING A WHIPPED
 TOPPING.
 § 223.10 CRIMINAL POSSESSION OF NITROUS OXIDE.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF NITROUS OXIDE  WHEN  THEY
 KNOWINGLY  POSSESS  OR  USE  NITROUS  OXIDE FOR ANY REASON OTHER THAN AN
 ACCEPTABLE USE.
   CRIMINAL POSSESSION OF NITROUS OXIDE IS A CLASS A MISDEMEANOR.
 § 223.20 CRIMINAL SALE OF NITROUS OXIDE IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF NITROUS  OXIDE  IN  THE  SECOND
 DEGREE  WHEN THEY KNOWINGLY AND UNLAWFULLY SELL NITROUS OXIDE TO ANOTHER
 PERSON AND HAVE REASONABLE CAUSE TO BELIEVE THAT  THE  PRODUCT  SOLD  OR
 OFFERED  FOR  SALE  WILL  BE USED FOR A PURPOSE OTHER THAN AN ACCEPTABLE
 USE.
   CRIMINAL SALE OF NITROUS OXIDE IS A CLASS D FELONY.
 § 223.30 CRIMINAL SALE OF NITROUS OXIDE IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF CRIMINAL SALE OF  NITROUS  OXIDE  IN  THE  FIRST
 DEGREE  WHEN, BEING OVER TWENTY-ONE YEARS OLD, THEY KNOWINGLY AND UNLAW-
 FULLY SELL NITROUS OXIDE TO ANOTHER PERSON WHO THEY KNOW  OR  REASONABLY
 SHOULD HAVE KNOWN IS UNDER THE AGE OF TWENTY-ONE IN VIOLATION OF SECTION
 223.20 OF THIS ARTICLE.
   CRIMINAL SALE OF NITROUS OXIDE IS A CLASS C FELONY.
   § 4. This act shall take effect immediately.
 A. 9287                             3
 
                                  PART B

   Section 1. Section 834 of the general business law is REPEALED.
   §  2. The general business law is amended by adding a new article 38-C
 to read as follows:
                               ARTICLE 38-C
                               NITROUS OXIDE
 SECTION 840. DEFINITIONS.
         841. MINIMUM PURCHASE AGE.
         842. RESTRICTIONS ON THE RETAIL SALE OF  NITROUS  OXIDE;  PERMIT
                REQUIRED.
         843. RESTRICTIONS  ON THE RETAIL SALE OF NITROUS OXIDE; QUANTITY
                LIMITS; POINT OF SALE REQUIREMENTS; STOP SALE SYSTEM.
         844. POSSESSION AND SALE OF NITROUS OXIDE; OTHER THAN ACCEPTABLE
                USE.
         845. POWER OF MUNICIPALITY TO REVOKE LICENSE OR PERMIT.
         846. ENFORCEMENT.
   § 840. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCEPTABLE USE" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 223.00 OF THE PENAL LAW.
   2. "NITROUS OXIDE" MEANS NITROUS OXIDE BUT SHALL NOT  INCLUDE  NITROUS
 OXIDE  THAT  HAS BEEN PREMIXED WITH A DAIRY PRODUCT OR A DAIRY-LIKE NON-
 DAIRY PRODUCT FOR THE PURPOSES OF MAKING A WHIPPED TOPPING.
   3. "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED FOR USE BY LAW
 ENFORCEMENT AGENCIES AND RETAIL ESTABLISHMENTS, THAT:
   (A) IS INSTALLED, OPERATED, AND MAINTAINED BY AN  ENTITY  OR  ENTITIES
 CHOSEN  BY  THE  DEPARTMENT  OF  STATE PURSUANT TO A COMPETITIVE BIDDING
 PROCESS;
   (B) COMPLIES WITH INFORMATION  SECURITY  POLICIES  SET  BY  THE  STATE
 POLICE OR THE RELEVANT REGULATORY AUTHORITY;
   (C)  USES A MECHANISM TO PREVENT COMPLETION OF A SALE OF NITROUS OXIDE
 THAT WOULD VIOLATE STATE LIMITS; AND
   (D) IS EQUIPPED WITH AN OVERRIDE MECHANISM THAT AN EMPLOYEE MAY  ACTI-
 VATE  IF  COMPLETION  OF  A TRANSACTION IS NECESSARY TO PREVENT IMMINENT
 BODILY HARM, WITH EACH USE BEING RECORDED IN THE SYSTEM.
   4. "RETAIL SALE" MEANS A SALE TO A CONSUMER OR TO ANY PERSON  FOR  ANY
 PURPOSE  OTHER  THAN FOR RESALE. FOR THE PURPOSES OF THE QUANTITY LIMITS
 ESTABLISHED IN SECTION EIGHT HUNDRED FORTY-THREE OF  THIS  ARTICLE,  THE
 TERM "RETAIL SALE" SHALL NOT INCLUDE SALES OF NITROUS OXIDE TO:
   (A)  THE OPERATOR OR AGENT OF AN OPERATOR OF A FOOD SERVICE ESTABLISH-
 MENT THAT PROVIDES A BUSINESS LICENSE OR  CERTIFICATE  OF  AUTHORITY  AS
 PROOF OF THEIR OPERATION OF SAID ESTABLISHMENT;
   (B)  A  MANUFACTURER  AS PART OF A MANUFACTURING PROCESS OR INDUSTRIAL
 OPERATION BY A PERSON AT LEAST TWENTY-ONE YEARS OF AGE;
   (C) A HEALTH CARE PROFESSIONAL FOR ADMINISTRATION TO A  PATIENT  UNDER
 THEIR  CARE  WHEN ACTING WITHIN THE PROFESSIONAL'S LAWFUL SCOPE OF PRAC-
 TICE UNDER TITLE EIGHT OF THE EDUCATION LAW; OR
   (D) A PERSON AT LEAST TWENTY-ONE YEARS OF AGE FOR AUTOMOTIVE OR  ROCK-
 ETRY  PURPOSES,  PROVIDED THE NITROUS OXIDE IN QUESTION IS COMBINED WITH
 OTHER FUELS OR CHEMICALS DESIGNED TO DETER HUMAN CONSUMPTION.
   § 841. MINIMUM PURCHASE AGE. 1. NO PERSON,  CORPORATION,  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY,  FIRM,  OR  ANY OTHER BUSINESS ENTITY DOING
 BUSINESS WITHIN THIS STATE SHALL SELL OR OFFER FOR SALE NITROUS OXIDE TO
 ANY PERSON UNDER THE AGE OF TWENTY-ONE.
 A. 9287                             4
 
   2. ANY PERSON, CORPORATION, PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 FIRM,  OR OTHER BUSINESS ENTITY DOING BUSINESS WITHIN THE STATE, INCLUD-
 ING PERSONS AND ENTITIES CONDUCTING TRANSACTIONS VIA THE INTERNET,  THAT
 SELLS,  OFFERS FOR SALE OR DISTRIBUTES NITROUS OXIDE, INCLUDING CONTRACT
 OR  COMMON CARRIERS, SHALL REQUIRE PROOF OF LEGAL AGE BEFORE ALLOWING AN
 INDIVIDUAL TO PURCHASE AND/OR TAKE RECEIPT  OF  A  SHIPMENT  OF  NITROUS
 OXIDE.
   3.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM, OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWO THOU-
 SAND FIVE HUNDRED DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN  FIVE
 THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   § 842. RESTRICTIONS  ON  THE  RETAIL  SALE  OF  NITROUS  OXIDE; PERMIT
 REQUIRED.  1. IT SHALL BE A VIOLATION OF THIS SECTION  FOR  ANY  PERSON,
 CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  FIRM, OR OTHER
 BUSINESS ENTITY DOING BUSINESS WITHIN THE  STATE  TO  POSSESS  WITH  THE
 INTENT  TO  SELL  OR  OFFER  FOR  SALE AT RETAIL NITROUS OXIDE WITHOUT A
 PERMIT ISSUED BY THE SECRETARY PURSUANT TO AN APPLICATION PROCESS DEVEL-
 OPED BY THE DEPARTMENT IN REGULATION. SUCH APPLICATION SHALL  CONTAIN  A
 SECTION REQUIRING THE PROSPECTIVE PERMITTEE TO ATTEST AS TO WHAT ACCEPT-
 ABLE USE OR USES THE NITROUS OXIDE SHALL BE SOLD FOR.
   2.  NO  PERMIT FOR THE RETAIL SALE OF NITROUS OXIDE SHALL BE ISSUED TO
 ANY PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY  COMPANY,  FIRM,
 OR  ANY  OTHER  BUSINESS  ENTITY  TO CONDUCT BUSINESS WITHIN TWO HUNDRED
 FIFTY FEET OF A SCHOOL, PUBLIC PLAYGROUND, LIBRARY, OR HOUSE OF WORSHIP.
   3. NO PERMIT FOR THE RETAIL SALE OF NITROUS OXIDE SHALL BE  ISSUED  TO
 ANY  ENTITY WHOSE PLACE OF BUSINESS IS A CONVENIENCE STORE AS DEFINED IN
 SECTION TWO HUNDRED FOURTEEN-H OF THE AGRICULTURE AND MARKETS LAW OR THE
 PREMISES OF A RETAIL DEALER AS DEFINED IN SECTION THIRTEEN HUNDRED NINE-
 TY-NINE-AA OF THE PUBLIC HEALTH LAW.
   4. NO PERMIT FOR THE RETAIL SALE OF NITROUS OXIDE SHALL BE  ISSUED  TO
 ANY  ENTITY  THAT  INTENDS TO CONDUCT SALES OF NITROUS OXIDE ON A MOBILE
 BASIS.
   5. ANY PERSON, CORPORATION, PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 FIRM,  OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE  THOU-
 SAND  DOLLARS  FOR  AN  INITIAL  OFFENSE  AND NOT MORE THAN TEN THOUSAND
 DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   § 843. RESTRICTIONS ON THE RETAIL  SALE  OF  NITROUS  OXIDE;  QUANTITY
 LIMITS;  POINT  OF  SALE  REQUIREMENTS;  STOP  SALE  SYSTEM. 1. QUANTITY
 LIMITS. NO PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY  COMPANY,
 FIRM,  OR  OTHER  BUSINESS  ENTITY DOING BUSINESS WITHIN THE STATE SHALL
 SELL MORE THAN ONE HUNDRED GRAMS OF NITROUS OXIDE BY NET WEIGHT OF  GAS,
 IRRESPECTIVE  OF  THE  NUMBER  OR  SIZE OF CONTAINERS, IN ANY THIRTY-DAY
 PERIOD.
   2. POINT OF SALE REQUIREMENTS. (A) ALL NITROUS OXIDE PRODUCTS  OFFERED
 FOR  RETAIL  SALE  MUST  BE  DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A
 LOCKED CASE WHERE THE PUBLIC IS NOT PERMITTED.
   (B) PRIOR TO SALE, THE RETAILER MUST REQUIRE  VALID  GOVERNMENT-ISSUED
 PHOTO IDENTIFICATION.
   (C) THE RETAILER MUST RECORD IN AN ELECTRONIC OR PAPER LOG:
   (I) NAME AND ADDRESS OF PURCHASER;
   (II) DATE AND TIME OF SALE, TYPE AND NUMBER OF ID PRESENTED;
   (III) QUANTITY PURCHASED; AND
   (IV) THE PURCHASER'S SIGNATURE.
 A. 9287                             5
 
   3. STOP SALE SYSTEM. BEFORE COMPLETING A SALE, THE RETAILER MUST ELEC-
 TRONICALLY SUBMIT REQUIRED INFORMATION TO THE REAL-TIME STOP SALE SYSTEM
 ADMINISTERED BY THE DEPARTMENT OF STATE.
   (A) IF THE ELECTRONIC SYSTEM IS UNAVAILABLE, A PAPER LOG SHALL BE KEPT
 UNTIL FULL SYSTEM FUNCTIONALITY RESUMES. AT THE TIME THAT FULL FUNCTION-
 ALITY  IS RESTORED, ALL TRANSACTIONS RECORDED DURING THE OUTAGE SHALL BE
 ENTERED INTO THE ELECTRONIC SALES SYSTEM WITHIN TWENTY-FOUR HOURS.
   (B) THE SYSTEM SHALL FORWARD TRANSACTION RECORDS TO THE DEPARTMENT  OF
 STATE  WEEKLY  AND  PROVIDE  LAW  ENFORCEMENT  WITH REAL-TIME ACCESS, AS
 AUTHORIZED BY SUCH DEPARTMENT.
   (C) THE SYSTEM MUST GENERATE A "STOP SALE ALERT"  WHEN  A  PROSPECTIVE
 TRANSACTION WOULD EXCEED LEGAL LIMITS.
   (D)  THE  SALE  SHALL  NOT  PROCEED IF A STOP SALE ALERT IS GENERATED,
 UNLESS THE OVERRIDE MECHANISM IS USED DUE TO A REASONABLE FEAR OF  IMMI-
 NENT HARM, WITH EACH OVERRIDE LOGGED BY THE SYSTEM.
   4.  PENALTIES. ANY PERSON, CORPORATION, PARTNERSHIP, LIMITED LIABILITY
 COMPANY, FIRM, OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS
 OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  MORE  THAN
 FIVE  HUNDRED DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN ONE THOU-
 SAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   5. LIABILITY LIMITATIONS. (A) RETAILERS UTILIZING THE SYSTEM  IN  GOOD
 FAITH  SHALL NOT BE CIVILLY LIABLE FOR ACTS OR OMISSIONS IN CARRYING OUT
 THEIR DUTIES, UNLESS ACTING WITH NEGLIGENCE OR WILLFUL MISCONDUCT.
   (B) OWNERS AND OPERATORS OF A RETAIL ESTABLISHMENT WITH  A  COMPLIANCE
 TRAINING  PROGRAM IN PLACE MAY BE SHIELDED FROM PENALTIES IF THEY ESTAB-
 LISH THAT THE VIOLATION WAS BY AN EMPLOYEE WITHOUT THEIR KNOWLEDGE.
   6. PREEMPTION. THIS SECTION PREEMPTS ALL LOCAL  ORDINANCES  AND  REGU-
 LATIONS  GOVERNING THE RETAIL SALE OF NITROUS OXIDE, WITH ALL SUCH ORDI-
 NANCES ENACTED PRIOR TO THE EFFECTIVE DATE RENDERED VOID.
   § 844. POSSESSION AND SALE OF NITROUS  OXIDE;  OTHER  THAN  ACCEPTABLE
 USE.   1. IT SHALL BE A VIOLATION OF THIS SECTION FOR ANY PERSON, CORPO-
 RATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, FIRM, OR OTHER  BUSINESS
 ENTITY  DOING  BUSINESS WITHIN THE STATE TO POSSESS WITH INTENT TO SELL,
 OFFER FOR SALE, OR PURCHASE NITROUS OXIDE UNDER  CIRCUMSTANCES  EVINCING
 KNOWLEDGE  THAT  THE  NITROUS OXIDE IS POSSESSED, SOLD, OR PURCHASED FOR
 ANY REASON OTHER THAN AN ACCEPTABLE USE.
   2. ANY PERSON, CORPORATION, PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 FIRM,  OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN  ONE  THOU-
 SAND  DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN TWO THOUSAND FIVE
 HUNDRED DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   § 845. POWER OF MUNICIPALITY TO REVOKE LICENSE OR PERMIT. 1. A COUNTY,
 TOWN, CITY, OR VILLAGE THAT ISSUES A LICENSE OR PERMIT  AUTHORIZING  ANY
 PERSON,  FIRM,  OR  CORPORATION TO ENGAGE IN THE SELLING OR OFFERING FOR
 SALE OF ANY MERCHANDISE MAY REVOKE SUCH LICENSE OR PERMIT UPON  A  FIND-
 ING,  PURSUANT  TO  A  HEARING  HELD  THEREON, THAT SUCH PERSON, FIRM OR
 CORPORATION HAS SOLD OR OFFERED FOR SALE NITROUS OXIDE IN  VIOLATION  OF
 THIS ARTICLE.
   2.  THE  POSSESSION  WITH  INTENT TO SELL OR OFFER FOR SALE OF NITROUS
 OXIDE FOR OTHER THAN AN ACCEPTABLE  USE  IS  HEREBY  DECLARED  TO  BE  A
 NUISANCE.    WHERE  ANY  SUCH  NITROUS  OXIDE  SHALL  BE  TAKEN FROM THE
 POSSESSION OF ANY PERSON, THE SAME SHALL BE SURRENDERED AND FORFEITED TO
 THE SHERIFF OF THE COUNTY WHEREIN THE SAME SHALL BE TAKEN,  EXCEPT  THAT
 IN A CITY HAVING A POPULATION OF SEVENTY-FIVE THOUSAND OR MORE, THE SAME
 SHALL  BE  SURRENDERED AND FORFEITED TO THE POLICE COMMISSIONER OR OTHER
 HEAD OF THE POLICE FORCE OR DEPARTMENT OF SAID CITY. EXCEPT THAT IN  THE
 A. 9287                             6

 COUNTIES  OF  NASSAU  AND  SUFFOLK,  THE  SAME  SHALL BE SURRENDERED AND
 FORFEITED TO THE COMMISSIONER OF SUCH COUNTY'S POLICE DEPARTMENT.
   § 846. ENFORCEMENT.  THE ATTORNEY GENERAL OR ANY STATE OR LOCAL HEALTH
 OFFICER, TOWN, VILLAGE OR CITY ATTORNEY, OR THE CHIEF EXECUTIVE  OFFICER
 OF A MUNICIPALITY MAY INSTITUTE AN ACTION IN A COURT OF COMPETENT JURIS-
 DICTION TO ENJOIN ANY ACTIVITY PROHIBITED PURSUANT TO THIS ARTICLE.
   §  3.  This act shall take effect immediately; provided, however, that
 subdivisions 3, 4, 5, and 6 of section 843 of the general business  law,
 as  added  by  section two of this act, shall take effect one year after
 this act shall have become a law. Effective immediately,  the  addition,
 amendment,  and/or  repeal  of  any rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such date.
 
                                  PART C
 
   Section  1.  Subdivision  1 of section 207 of the public health law is
 amended by adding a new paragraph (t) to read as follows:
   (T) THE DANGERS ASSOCIATED WITH THE MISUSE OF NITROUS  OXIDE,  INCLUD-
 ING,  BUT  NOT LIMITED TO, VITAMIN B-12 DEFICIENCY, IMPAIRED MOTOR FUNC-
 TION, PSYCHIATRIC DISTURBANCES, LOSS OF CONSCIOUSNESS, ASPHYXIATION, AND
 DEATH.   THE COMMISSIONER SHALL CONSULT WITH  THE  COMMISSIONER  OF  THE
 OFFICE  OF ADDICTION SERVICES AND SUPPORTS WHEN DEVELOPING EDUCATION AND
 OUTREACH PROGRAMS UNDER THIS PROVISION.
   § 2. This act shall take effect immediately.
 
                                  PART D

   Section 1. Section 1192 of the vehicle and traffic law is  amended  by
 adding a new subdivision 4-b to read as follows:
   4-B.  DRIVING  WHILE  ABILITY IMPAIRED BY NITROUS OXIDE. (A) NO PERSON
 SHALL OPERATE A MOTOR VEHICLE WHILE THE PERSON'S ABILITY TO OPERATE SUCH
 A MOTOR VEHICLE IS IMPAIRED BY THE USE OF NITROUS OXIDE, WHETHER  SOLELY
 OR IN COMBINATION WITH ALCOHOL AND/OR ANOTHER DRUG OR DRUGS.
   (B)  FOR  ANY  PROSECUTION  UNDER  THIS  SUBDIVISION, THERE SHALL BE A
 REBUTTABLE PRESUMPTION THAT THIS OFFENSE HAS BEEN COMMITTED WHEN A DRIV-
 ER APPEARS TO BE IMPAIRED AND: (I) THE DRIVER HAS OPEN OR EMPTY  NITROUS
 OXIDE  CONTAINERS IN THEIR POSSESSION; OR (II) THE DRIVER TESTS POSITIVE
 FOR NITROUS OXIDE ON A TEST DESIGNATED IN REGULATION BY THE COMMISSIONER
 OF MOTOR VEHICLES, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,  AS
 PROOF OF INTOXICATION.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective dates of Parts A through D of this act shall be
 as specifically set forth in the last section of such Parts.