NY State Senate Bill 2025-S9567B

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2026	print number 9567b
May 19, 2026	amend (t) and recommit to health
Apr 23, 2026	print number 9567a
Apr 23, 2026	amend and recommit to health
Mar 25, 2026	referred to health

co-Sponsors

2025-S9567 - Details

See Assembly Version of this Bill:: A10923
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §834, add Art 38-C §§840 - 842, Gen Bus L; amd §207, Pub Health L

2025-S9567 - Summary

Enacts "Nima's law" which prohibits the retail sale of nitrous oxide; establishes civil penalties for violations; includes nitrous oxide misuse in the health care and wellness education and outreach program to expand education on the dangers of nitrous oxide misuse; prohibits the sale of whip cream chargers.

2025-S9567 - Sponsor Memo

                                 
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.

2025-S9567 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9567
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the general business  law,  in
   relation  to  prohibiting  the retail sale of nitrous oxide and estab-
   lishing civil penalties for violations; to  amend  the  public  health
   law,  in relation to including nitrous oxide misuse in the health care
   and wellness education and outreach program; and to repeal section 834
   of the general business law relating to  the  sale  of  whipped  cream
   chargers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 3380 of the public health law,  as
 amended  by  chapter  667 of the laws of 1989, paragraphs (b) and (f) as
 amended by chapter 551 of the laws  of  1990,  is  amended  to  read  as
 follows:
   5.  (a)  No  person  shall  use  nitrous oxide for purposes of causing
 intoxication, inebriation, excitement, stupefaction or  the  dulling  of
 the brain or nervous system of [himself] THEMSELF or another.
   (b)  No  person  shall sell any canister or other container of nitrous
 oxide unless granted an exemption pursuant to this subdivision.  [In  no
 event  shall any canister or other container of nitrous oxide be sold to
 a person under the age of twenty-one years.]
   (c) This subdivision shall not apply to the use of  nitrous  oxide  in
 industrial,  medical  or  dental  applications,  or to specific products
 which must use nitrous oxide as  a  propellant  provided  such  products
 shall  in  no  event be sold at retail to the public, as shall be deter-
 mined by the commissioner pursuant to paragraph (d) of this subdivision.
   (d) The commissioner [is directed to] SHALL promulgate regulations  to
 exempt  specific  products which must use nitrous oxide, or a mixture of
 nitrous oxide with other gases, as a propellant from the  provisions  of
 this  chapter  provided such regulations shall prohibit the sale of such
 products at retail to the public.
   (e) The provisions of this section shall not be deemed to prohibit the
 sale of food products containing nitrous oxide  provided  such  products
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15348-01-6
 S. 9567                             2
 
 comply  with  the provisions of section sixteen-a of the agriculture and
 markets law.
   [(f)  The  commissioner may, upon the application of a manufacturer or
 seller of a product containing nitrous oxide and intended  for  sale  at
 retail,  authorize the sale of such a product if there is no evidence of
 substantial misuse of the product as defined by this subdivision and  if
 the manufacturer or seller takes the following steps to:
   (i)  clearly  indicate the legitimate purpose or use of the product on
 the package;
   (ii) display prominently on the package in heavy type  print  language
 which  warns  of  health  dangers  resulting  from the misuse of nitrous
 oxide;
   (iii) demonstrate that the product  bears  a  distinctive  feature  or
 features  enabling it to be clearly distinguished from the nitrous oxide
 products of other manufacturers;
   (iv) educate wholesale and retail businesses which sell the product of
 the dangers of nitrous oxide and the need to monitor its sale; and
   (v) prevent their sale of the product to any person,  firm  or  corpo-
 ration  who  or  which  sells drug-related paraphernalia as such term is
 defined by subdivision two of section eight hundred fifty of the general
 business law.]
   § 2. Section 834 of the general business law is REPEALED.
   § 3. 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. RESTRICTIONS ON SALE.
         842. RESTRICTIONS  ON  THE  SALE  OF  NITROUS  OXIDE;  EXEMPTION
                REQUIRED.
         843. ENFORCEMENT.
         844. PREEMPTION.
   § 840. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCEPTABLE  SALE" FOR THE PURPOSES OF THIS ARTICLE SHALL MEAN THE
 SALE OF NITROUS OXIDE AUTHORIZED TO BE SOLD UNDER  AN  EXCEPTION  ESTAB-
 LISHED IN SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED EIGHTY OF THE
 PUBLIC HEALTH LAW.
   2.  "NITROUS  OXIDE"  FOR  THE  PURPOSES OF THIS ARTICLE MEANS NITROUS
 OXIDE BUT SHALL NOT  INCLUDE  FOOD  PRODUCTS  CONTAINING  NITROUS  OXIDE
 PROVIDED  SUCH  PRODUCTS COMPLY WITH THE PROVISIONS OF SECTION SIXTEEN-A
 OF THE AGRICULTURE AND MARKETS LAW.
   3. "RETAIL SALE" OR "AT RETAIL" MEANS A SALE TO A CONSUMER OR  TO  ANY
 PERSON  FOR  ANY PURPOSE OTHER THAN FOR RESALE. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "RETAIL SALE" SHALL NOT INCLUDE AN ACCEPTABLE SALE  OF
 NITROUS OXIDE.
   §  841.  RESTRICTIONS ON SALE. 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 AT
 RETAIL TO THE PUBLIC UNLESS THE SALE WOULD BE DEEMED AN ACCEPTABLE SALE.
   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 TWO THOU-
 SAND FIVE HUNDRED DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN  FIVE
 THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
 S. 9567                             3
 
   §  842. RESTRICTIONS ON THE SALE OF NITROUS OXIDE; EXEMPTION 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 NITROUS OXIDE WITHOUT AN EXEMPTION GRANTED BY THE DEPART-
 MENT  OF  HEALTH  PURSUANT  TO  SUBDIVISION FIVE OF SECTION THIRTY-THREE
 HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
   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  TWO  THOU-
 SAND  FIVE HUNDRED DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN FIVE
 THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   § 843. 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.
   § 844. PREEMPTION. THIS ARTICLE  PREEMPTS  ALL  LOCAL  ORDINANCES  AND
 REGULATIONS  GOVERNING  THE  SALE  OF NITROUS OXIDE, WITH ALL SUCH ORDI-
 NANCES ENACTED PRIOR TO THE EFFECTIVE DATE RENDERED VOID.
   § 4. 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.
   § 5. 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 judgement 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  judge-
 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2025-S9567A - Details

See Assembly Version of this Bill:: A10923
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §834, add Art 38-C §§840 - 842, Gen Bus L; amd §207, Pub Health L

2025-S9567A - Summary

Enacts "Nima's law" which prohibits the retail sale of nitrous oxide; establishes civil penalties for violations; includes nitrous oxide misuse in the health care and wellness education and outreach program to expand education on the dangers of nitrous oxide misuse; prohibits the sale of whip cream chargers.

2025-S9567A - Sponsor Memo

                                 
BILL NUMBER: S9567A

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. Short title. This act shall be known and may be cited as
"Nima's law".

Section 2. Amends and repeals portions of subdivision 5 of section 3380
of the public health law.

Section 3. repeals section 834 of the general business law.

Section 4. 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 penalties 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 5. Includes the misuse of nitrous oxide in the health care and
wellness education and outreach program.

Section 6. Severability clause.

Section 7. 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 NIB, 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.

2025-S9567A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9567--A
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced by Sens. C. RYAN, MARTINEZ -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law and the general business  law,  in
   relation  to  prohibiting  the retail sale of nitrous oxide and estab-
   lishing civil penalties for violations; to  amend  the  public  health
   law,  in relation to including nitrous oxide misuse in the health care
   and wellness education and outreach program; and to repeal section 834
   of the general business law relating to  the  sale  of  whipped  cream
   chargers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Nima's law".
   §  2.  Subdivision  5  of  section  3380  of the public health law, as
 amended by chapter 667 of the laws of 1989, paragraphs (b)  and  (f)  as
 amended  by  chapter  551  of  the  laws  of 1990, is amended to read as
 follows:
   5. (a) No person shall use  nitrous  oxide  for  purposes  of  causing
 intoxication,  inebriation,  excitement,  stupefaction or the dulling of
 the brain or nervous system of [himself] THEMSELF or another.
   (b) No person shall sell any canister or other  container  of  nitrous
 oxide  unless  granted an exemption pursuant to this subdivision. [In no
 event shall any canister or other container of nitrous oxide be sold  to
 a person under the age of twenty-one years.]
   (c)  This  subdivision  shall not apply to the use of nitrous oxide in
 industrial, medical or dental  applications,  or  to  specific  products
 which  must  use  nitrous  oxide  as a propellant provided such products
 shall in no event be sold at retail to the public, as  shall  be  deter-
 mined by the commissioner pursuant to paragraph (d) of this subdivision.
   (d)  The commissioner [is directed to] SHALL promulgate regulations to
 exempt specific products which must use nitrous oxide, or a  mixture  of
 nitrous  oxide  with other gases, as a propellant from the provisions of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15348-02-6
 S. 9567--A                          2
 
 this chapter provided such regulations shall prohibit the sale  of  such
 products at retail to the public.
   (e) The provisions of this section shall not be deemed to prohibit the
 sale  of  food  products containing nitrous oxide provided such products
 comply with the provisions of section sixteen-a of the  agriculture  and
 markets law.
   [(f)  The  commissioner may, upon the application of a manufacturer or
 seller of a product containing nitrous oxide and intended  for  sale  at
 retail,  authorize the sale of such a product if there is no evidence of
 substantial misuse of the product as defined by this subdivision and  if
 the manufacturer or seller takes the following steps to:
   (i)  clearly  indicate the legitimate purpose or use of the product on
 the package;
   (ii) display prominently on the package in heavy type  print  language
 which  warns  of  health  dangers  resulting  from the misuse of nitrous
 oxide;
   (iii) demonstrate that the product  bears  a  distinctive  feature  or
 features  enabling it to be clearly distinguished from the nitrous oxide
 products of other manufacturers;
   (iv) educate wholesale and retail businesses which sell the product of
 the dangers of nitrous oxide and the need to monitor its sale; and
   (v) prevent their sale of the product to any person,  firm  or  corpo-
 ration  who  or  which  sells drug-related paraphernalia as such term is
 defined by subdivision two of section eight hundred fifty of the general
 business law.]
   § 3. Section 834 of the general business law is REPEALED.
   § 4. 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. RESTRICTIONS ON SALE.
         842. RESTRICTIONS  ON  THE  SALE  OF  NITROUS  OXIDE;  EXEMPTION
                REQUIRED.
         843. ENFORCEMENT.
         844. PREEMPTION.
   § 840. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCEPTABLE  SALE" FOR THE PURPOSES OF THIS ARTICLE SHALL MEAN THE
 SALE OF NITROUS OXIDE AUTHORIZED TO BE SOLD UNDER  AN  EXCEPTION  ESTAB-
 LISHED IN SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED EIGHTY OF THE
 PUBLIC HEALTH LAW.
   2.  "NITROUS  OXIDE"  FOR  THE  PURPOSES OF THIS ARTICLE MEANS NITROUS
 OXIDE BUT SHALL NOT  INCLUDE  FOOD  PRODUCTS  CONTAINING  NITROUS  OXIDE
 PROVIDED  SUCH  PRODUCTS COMPLY WITH THE PROVISIONS OF SECTION SIXTEEN-A
 OF THE AGRICULTURE AND MARKETS LAW.
   3. "RETAIL SALE" OR "AT RETAIL" MEANS A SALE TO A CONSUMER OR  TO  ANY
 PERSON  FOR  ANY PURPOSE OTHER THAN FOR RESALE. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "RETAIL SALE" SHALL NOT INCLUDE AN ACCEPTABLE SALE  OF
 NITROUS OXIDE.
   §  841.  RESTRICTIONS ON SALE. 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 AT
 RETAIL TO THE PUBLIC UNLESS THE SALE WOULD BE DEEMED AN ACCEPTABLE SALE.
   2.  ANY  PERSON,  CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY,
 FIRM, OR ANY OTHER BUSINESS ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 S. 9567--A                          3
 
 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 SALE OF NITROUS OXIDE; EXEMPTION 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 NITROUS OXIDE WITHOUT AN EXEMPTION GRANTED BY THE DEPART-
 MENT  OF  HEALTH  PURSUANT  TO  SUBDIVISION FIVE OF SECTION THIRTY-THREE
 HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
   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  TWO  THOU-
 SAND  FIVE HUNDRED DOLLARS FOR AN INITIAL OFFENSE AND NOT MORE THAN FIVE
 THOUSAND DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE.
   § 843. 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.
   § 844. PREEMPTION. THIS ARTICLE  PREEMPTS  ALL  LOCAL  ORDINANCES  AND
 REGULATIONS  GOVERNING  THE  SALE  OF NITROUS OXIDE, WITH ALL SUCH ORDI-
 NANCES ENACTED PRIOR TO THE EFFECTIVE DATE RENDERED VOID.
   § 5. 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.
   § 6. 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 judgement 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  judge-
 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.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2025-S9567B (ACTIVE) - Details

See Assembly Version of this Bill:: A10923
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §834, add Art 38-C §§840 - 842, Gen Bus L; amd §207, Pub Health L

2025-S9567B (ACTIVE) - Summary

Enacts "Nima's law" which prohibits the retail sale of nitrous oxide; establishes civil penalties for violations; includes nitrous oxide misuse in the health care and wellness education and outreach program to expand education on the dangers of nitrous oxide misuse; prohibits the sale of whip cream chargers.

2025-S9567B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9567B

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the general business law and the public health 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 the health care and wellness education and outreach program;
and to amend the general business law, in relation 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. Short title. This act shall be known and may be cited as
"Nima's law".

Section 2. Amends section 834 of the general business law.

Section 3. creates a new article 38-c for regulating the sale of nitrous
oxid. Establishes definitions for the purposes of the article. Prohibits
the sale of nitrous oxide at retail to the public unless it is deemed an
acceptable sale. Establishes civil penalties for businesses that violate
the section.

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 delivered
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 complications.

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 NIB, 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.

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.

2025-S9567B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9567--B
 
                             I N  S E N A T E
 
                              March 25, 2026
                                ___________
 
 Introduced  by  Sens. C. RYAN, ASHBY, MARTINEZ -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the general business law and the public health  law,  in
   relation  to  prohibiting  the retail sale of nitrous oxide and estab-
   lishing civil penalties for violations; to  amend  the  public  health
   law,  in  relation  to  the  health  care  and  wellness education and
   outreach program; and to amend the general business law,  in  relation
   to the sale of whipped cream chargers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Nima's law".
   §  2.   Subdivisions 2, 3 and 4 of section 834 of the general business
 law, as added by chapter 515 of the laws of 2021, are amended to read as
 follows:
   2. No person, corporation,  partnership,  limited  liability  company,
 firm or any other business entity doing business within this state shall
 sell  or offer for sale a whipped cream charger [to any person under the
 age of twenty-one].
   3. [Any person, corporation, partnership, limited  liability  company,
 firm,  or other business entity doing business within the state selling,
 offering for sale, or distributing whipped cream chargers shall  require
 proof  of  legal  age  prior  to  allowing  an individual to purchase or
 receive a shipment of whipped cream chargers. Such  identification  need
 not  be required of any individual who reasonably appears to be at least
 twenty-five years of age, provided, however, that such appearance  shall
 not constitute a defense in any proceeding alleging the sale or distrib-
 ution  of whipped cream chargers to an individual under twenty-one years
 of age.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15348-05-6

 S. 9567--B                          2

   4.] 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 hundred
 fifty dollars for an initial offense and  not  more  than  five  hundred
 dollars for the second and each subsequent offense.
   §  3. 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. RESTRICTIONS ON SALE.
         842. ENFORCEMENT.
   § 840. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCEPTABLE  SALE" FOR THE PURPOSES OF THIS ARTICLE SHALL MEAN THE
 SALE OF NITROUS OXIDE AUTHORIZED TO BE SOLD UNDER  AN  EXCEPTION  ESTAB-
 LISHED IN SUBDIVISION FIVE OF SECTION THIRTY-THREE HUNDRED EIGHTY OF THE
 PUBLIC HEALTH LAW.
   2.  "NITROUS  OXIDE"  FOR  THE  PURPOSES OF THIS ARTICLE MEANS NITROUS
 OXIDE BUT SHALL NOT  INCLUDE  FOOD  PRODUCTS  CONTAINING  NITROUS  OXIDE
 PROVIDED  SUCH  PRODUCTS COMPLY WITH THE PROVISIONS OF SECTION SIXTEEN-A
 OF THE AGRICULTURE AND MARKETS LAW.
   3. "RETAIL SALE" OR "AT RETAIL" MEANS A SALE TO A CONSUMER OR  TO  ANY
 PERSON  FOR  ANY PURPOSE OTHER THAN FOR RESALE. FOR THE PURPOSES OF THIS
 SECTION, THE TERM "RETAIL SALE" SHALL NOT INCLUDE AN ACCEPTABLE SALE  OF
 NITROUS OXIDE.
   §  841.  RESTRICTIONS ON SALE. 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 AT
 RETAIL TO THE PUBLIC UNLESS THE SALE WOULD BE DEEMED AN ACCEPTABLE SALE.
   2.  NOTWITHSTANDING  ANY  OTHER PENALTY PRESCRIBED, ANY PERSON, CORPO-
 RATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, FIRM, OR ANY OTHER BUSI-
 NESS 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 THOUSAND DOLLARS  FOR  THE  SECOND
 AND EACH SUBSEQUENT OFFENSE.
   §  842.  ENFORCEMENT. THE PROVISIONS OF THIS SECTION SHALL BE ENFORCED
 CONCURRENTLY BY THE DIRECTOR OR COMMISSIONER  OF  A  MUNICIPAL  CONSUMER
 AFFAIRS  OFFICE,  OR  BY THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR
 OTHER LAWFUL DESIGNEE OF A MUNICIPAL OR LOCAL GOVERNMENT, AND ALL MONEYS
 COLLECTED THEREUNDER SHALL BE RETAINED BY  SUCH  MUNICIPALITY  OR  LOCAL
 GOVERNMENT.
   §  4. 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.
   § 5. 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 judgement 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 judge-
 S. 9567--B                          3
 
 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Sponsored By

Christopher J. Ryan

Current Bill Status - In Senate Committee Health Committee

Actions

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co-Sponsors

Monica R. Martinez

2025-S9567 - Details

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2025-S9567 - Bill Text download pdf

co-Sponsors

Jacob Ashby

Monica R. Martinez

2025-S9567A - Details

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2025-S9567A - Sponsor Memo

2025-S9567A - Bill Text download pdf

co-Sponsors

Jacob Ashby

Monica R. Martinez

2025-S9567B (ACTIVE) - Details

2025-S9567B (ACTIVE) - Summary

2025-S9567B (ACTIVE) - Sponsor Memo

2025-S9567B (ACTIVE) - Bill Text download pdf

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