438.343 Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties.

305 words·~1 min read·/ky/chapter-438/438-343

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.