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.

 

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

    (3) "Nitrous oxide" means any compound, liquid, gas, or chemical that contains nitrous oxide.

    (4) "Nitrous oxide products" include products and accessories used to inhale nitrous oxide, including but not limited to canisters.

 

    Section 44-53-2520.  (A) It is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products to a minor under the age of eighteen years.

    (B) An individual who knowingly violates (A) is guilty of a misdemeanor and, upon conviction, shall be fined one hundred dollars or imprisoned for a term not to exceed thirty days, or both. Failure to demand identification to verify an individual's age is not a defense.

    (C) A minor who knowingly misrepresents his age to purchase or attempt to purchase a nitrous oxide product commits a noncriminal offense and is subject to a civil fine within the court's discretion.

       (1) The noncriminal offense is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program, including but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.

       (2) A violation of this subsection is not a criminal or delinquent offense, and no criminal or delinquent record may be maintained. A minor may not be taken into custody, arrested, placed in jail or in any other secure detention, or committed to the custody of the Department of Juvenile Justice.

    (D) The Department may promulgate regulations to administer and enforce the provisions of this section.

 

    Section 44-53-2530.  It is unlawful for a retailer to display or store nitrous oxide products in a retail location in a manner that would allow the product to be accessed by an individual under the age of eighteen. A retailer found to be in violation of this section is subject to a civil penalty of not more than one thousand dollars for a first violation and a civil penalty of not more than two thousand dollars for a second or subsequent violation.

 

    Section 44-53-2540.  (A) Exemptions for commercial use under this article apply to:

       (1) medical or dental applications;

       (2) food preparation; or

       (3) manufacturing, including but not limited to automotive purposes.

    (B) Household goods that are used for the purpose of inhaling nitrous oxide are not exempt.

    (C) Nitrous oxide products must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including but not limited to:

       (1) lists of ingredients;

       (2) the number of servings per container and the recommended serving size;

       (3) any precautionary statements as to the safety and effectiveness of the product;

       (4) a statement that the product is not intended to be inhaled for recreational purposes; and

       (5) a statement that the product should not be sold, furnished, given, distributed, or provided to a person under the age of eighteen.

 

SECTION 2.  This act takes effect on January 1, 2027.

 

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