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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Each citation shall be specific to the premises of the retailer where the violation occurred.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XL. Crimes and Punishments § 438.343.Prohibition on sale or distribution of nitrous oxide; definition; exceptions; penalties - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xl-crimes-and-punishments/ky-rev-st-sect-438-343/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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