Prohibition of sale of nitrous oxide to minors

2025-2026 Bill 751: Prohibition of sale of nitrous oxide to minors

South Carolina General Assembly

126th Session, 2025-2026

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This Bill
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A194, R230, S751

STATUS INFORMATION

General Bill

Sponsors: Senators Sutton, Ott, Zell, Garrett and Walker

Companion/Similar bill(s): 5202

Document Path: SJ-0010MB26.docx

Introduced in the Senate on January 13, 2026

Introduced in the House on March 11, 2026

Last Amended on May 13, 2026

Governor's Action: May 18, 2026, Signed

Summary: Prohibition of sale of nitrous oxide to minors

HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 42
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 42
)

2/18/2026

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 9
)

3/4/2026

Senate

Committee Amendment Adopted

3/4/2026

Senate

Amended (
Senate Journal-page 37
)

3/4/2026

Senate

Read second time (
Senate Journal-page 37
)

3/4/2026

Senate

Roll call Ayes-42 Nays-0 (
Senate Journal-page 37
)

3/5/2026

Senate

Read third time and sent to House

3/11/2026

House

Introduced and read first time (
House Journal-page 31
)

3/11/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 31
)

5/6/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 17
)

5/12/2026

House

Debate adjourned (
House Journal-page 89
)

5/13/2026

House

Amended (
House Journal-page 115
)

5/13/2026

House

Read second time (
House Journal-page 115
)

5/13/2026

House

Roll call Yeas-116 Nays-0 (
House Journal-page 116
)

5/14/2026

House

Read third time and returned to Senate with amendments (
House Journal-page 10
)

5/14/2026

Senate

Concurred in House amendment and enrolled (
Senate Journal-page 13
)

5/15/2026

Ratified R 230

5/18/2026

Signed By Governor

6/5/2026

Effective date 05/18/26

6/2/2026

Act No. 194

View the latest
legislative information
at the website

VERSIONS OF THIS BILL

12/10/2025
12/10/2025-A
02/18/2026
03/04/2026
05/06/2026
05/13/2026

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(A194, R230, S751)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 44 SO AS TO PROHIBIT THE SALE OF NITROUS OXIDE OR NITROUS OXIDE PRODUCTS IN THE STATE OF SOUTH CAROLINA, WITH EXCEPTIONS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC HEALTH TO PROMULGATE REGULATIONS IN CONSULTATION WITH THE STATE LAW ENFORCEMENT DIVISION; TO CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES.

Be it enacted by the General Assembly of the State of South Carolina:

Nitrous oxide

SECTION 1. Chapter 53, Title 44 of the S.C. Code is amended by adding:

Article 25

Nitrous Oxide

Section 44-53-2510. As used in this article:

(1) "Department" means the South Carolina Department of Public Health.

(2) "Division" means the State Law Enforcement Division.

(3) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.

(4) "Nitrous oxide" means dinitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.

(5) "Nitrous oxide products" means a cartridge, cylinder, tank, or other container that contains nitrous oxide.

(6) "Characterizing flavor" means a distinguishable taste or aroma described by reference to a fruit, candy, dessert, beverage, mint, menthol, or any other flavor or aroma.

(7) "Flavored nitrous oxide product" means a nitrous oxide product that is labeled, advertised, marketed, or sold by reference to a characterizing flavor.

(8) "Exempt entity" means:

(a) a physician, dentist, veterinarian, hospital, clinic, or other licensed healthcare facility acting within the lawful scope of practice;

(b) a licensed commercial food and beverage business that holds a valid South Carolina retail food establishment permit or food service permit and uses nitrous oxide solely for legitimate culinary or beverage preparation in the ordinary course of business;

(c) an automotive business operating with a business license and with an authorized dealer or distributor agreement and having the primary purpose of providing automotive supplies and services and using nitrous oxide solely for a lawful automotive performance, testing, or competition purpose;

(d) an industrial or manufacturing business operating with a business license using nitrous oxide solely for lawful industrial or manufacturing purposes;

(e) an institute of higher education, laboratory, or research facility using nitrous oxide solely for scientific research or instruction; or

(f) a governmental entity or emergency services agency acting within the scope of official duties.

(9) "Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell, furnish, give, distribute, provide, deliver, or offer for sale.

Section 44-53-2520. (A) Except as provided in subsection (E), it is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.

(B) Except as provided in subsection (E), it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.

(C) A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.

(D)(1) It is unlawful for any person to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell a flavored nitrous oxide product in this State.

(2) A person engaged in the sale of nitrous oxide or nitrous oxide products made through the internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older, and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age purchasing for an exempted use before nitrous oxide or a nitrous oxide product will be released to the purchaser, unless the internet or other remote sales methods employ the following protections to ensure age verification:

(a) the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records; or

(b) the customer is required to upload a copy of his government-issued identification in addition to a current photograph of the customer; and

(c) delivery is made to the customer's name and address.

(E) Subsections (A) and (B) do not apply to the sale, distribution, or transfer of nitrous oxide or nitrous oxide products to an exempt entity or to an individual for the exempt entity's or individual's lawful purpose, provided the seller complies with Section 44-53-2530. An individual who is over the age of eighteen may have the following lawful purpose:

(1) for personal mechanical repair of automotive or recreational vehicles, provided the product was purchased from a licensed automotive business;

(2) for home culinary use, limited to nonrefillable cartridges of not more than 8 grams per cartridge; or

(3) for medical use, as prescribed by a medical doctor.

(F) Each unlawful sale, delivery, distribution, or transfer constitutes a separate offense.

(G)(1) A retailer must not sell to an individual purchasing for an excepted personal use more than a case per day. A case contains a maximum of twenty-four individual cartridges that contain 8 grams of nitrous oxide.

(2) An automotive business operating with a business license and with an authorized dealer or distributor agreement may only sell containers of nitrous oxide when mixed with not less than one hundred parts per million of sulfur dioxide as a fuel additive for combustion engines to exempt individuals as described in subsection (E). Retailers may only sell to exempt entities either by delivery to a business address or by invoice to an exempted entity.

(3) A tobacco retail establishment with the primary purpose of selling tobacco products, as defined in Section 16-17-501, is prohibited from selling nitrous oxide or nitrous oxide products.

Section 44-53-2530. (A) A person who sells or distributes nitrous oxide or nitrous oxide products pursuant to Section 44-53-2520(E) shall take reasonable steps to verify that the purchaser is an exempt entity or is using nitrous oxide or nitrous oxide products for an exempt purpose.

(B) At a minimum, reasonable steps include obtaining and retaining:

(1) the purchaser's business name and business address or personal name and address;

(2) a copy of, or the identifying number for, the purchaser's applicable license, permit, or registration demonstrating exempt entity status, or an electronic copy of the person's driver's license or other government-issued identification; and

(3) an invoice or receipt documenting the date of sale or transfer and the quantity and form of nitrous oxide or nitrous oxide products sold or transferred.

(C)(1) Records required by this section must be retained for not less than two years and must be made available for inspection by the division or local law enforcement during normal business hours upon reasonable request.

(2) The division may inspect premises during normal business hours for enforcement of this article.

(D) The department may promulgate regulations in consultation with the division to administer and enforce the provisions of this article, including purchaser verification standards and recordkeeping requirements. Nothing in this article confers enforcement authority upon the department, and suspected violations shall be referred to appropriate law enforcement.

Section 44-53-2540. (A) A person who knowingly violates Section 44-53-2520 is guilty of a misdemeanor and, upon conviction:

(1) for a first offense, must be fined not more than one thousand dollars or imprisoned for a term not to exceed six months, or both;

(2) for a second offense, must be fined not more than five thousand dollars or imprisoned for a term not to exceed one year, or both; and

(3) for a third or subsequent offense, must be fined not more than ten thousand dollars or imprisoned for a term not to exceed three years, or both.

(B) In addition to criminal penalties, a business entity convicted of a violation of this article is subject to administrative action by the state or local authority that issued the business license, permit, or registration, including suspension or revocation, consistent with law.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2026.

Approved the 18th day of May, 2026.

__________

This web page was last updated on
June 2, 2026 at 1:11 PM