THE LEGISLATION

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.

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 any nitrogen 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 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 (E), 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 in this State. (B) Except as provided in (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 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) A retailer must only sell containers of nitrous oxide that contain 580 grams or more to exempt entities and either delivery must be to a business address or invoiced to an exempted entity. 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. SECTION 2. This act takes effect upon approval by the Governor.