Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted and Amended

March 4, 2026

 

S. 751

 

Introduced by Senators Sutton, Ott, Zell, Garrett and Walker

 

S. Printed 3/4/26--S.

Read the first time January 13, 2026

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-2510 SO AS TO DEFINE TERMS TO INCLUDE NITROUS OXIDE AND NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2520 SO AS TO CREATE THE OFFENSE OF SELLING OR PROVIDING NITROUS OXIDE TO MINORS, AND TO PROVIDE PENALTIES, AND TO CREATE A CIVIL PENALTY FOR A MINOR THAT MISREPRESENTS HIS AGE TO ATTEMPT TO OR TO PURCHASE NITROUS OXIDE; BY ADDING SECTION 44-53-2530 SO AS TO CREATE A CIVIL PENALTY FOR RETAILERS THAT DISPLAY OR STORE NITROUS OXIDE IN A RETAIL LOCATION WHERE MINORS CAN ACCESS NITROUS OXIDE OR NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2540 SO AS TO ESTABLISH EXCEPTIONS TO THIS ARTICLE FOR COMMERCIAL USE.

    Amend Title To Conform

 

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) "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 contain 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 medical 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 department, 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 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 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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