A bill

 

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 AND TO ENFORCE THE PROVISIONS OF THE ARTICLE; TO CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES.

 

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

 

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) "Exempt entity" means:

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

       (b) a bona fide 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) a bona fide automotive business using nitrous oxide solely for lawful automotive performance, testing, or competition purposes;

       (d) a bona fide industrial or manufacturing business using nitrous oxide solely for lawful industrial or manufacturing purposes;

       (e) an institution 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.

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

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

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

    (6) "Nitrous oxide product" means any product and accessory used to inhale nitrous oxide including, but not limited to, a cylinder, tank, canister, or other vessel that contains nitrous oxide.

    (7) "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 a person to sell or offer for sale nitrous oxide or a nitrous oxide product 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 intent to sell or distribute in this State.

    (C) A person may not sell, market, or represent nitrous oxide or a nitrous oxide product for recreational inhalation or personal use.

    (D) Notwithstanding any other provision of this article, 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.

    (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 for the exempt entity's lawful purpose, provided the seller complies with Section 44-53-2530.

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

 

    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.

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

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

       (2) a copy of, or the identifying number for, the purchaser's applicable license, permit, or registration demonstrating exempt entity status; 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) Records required by this section must be retained for no less than two years and must be made available for inspection by the department, SLED, or local law enforcement during normal business hours upon reasonable request.

    (D) The department may promulgate regulations to administer and enforce the provisions of this article, including purchaser verification standards and recordkeeping requirements.

 

    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's license, permit, or registration, including suspension or revocation, consistent with law.

 

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

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