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2025 Kentucky Revised Statutes
Chapter 438 - Offenses against public health and safety
438.343 Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties.

Universal Citation:
KY Rev Stat § 438.343 (2025)
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438.343 Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties. (1) (2) (3) (4) (5) 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. 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. 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. 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. Each citation shall be specific to the premises of the retailer where the violation occurred. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 78, sec. 16, effective June 27, 2025.
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