A 9287 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 4 section(s) of the New York Consolidated Laws: Section 3380 of the public health law; Section 834 of the general business law; Section 207 of the public health law; Section 1192 of the vehicle and traffic law.

• Section 3380 of the public health law

  or five → italics ARTICLE 223 NITROUS OXIDE Section 223.00 Nitrous oxide; definitions. 223.10 Criminal possession of nitrous oxide. 223.20 Criminal sale of nitrous oxide in the second degree. 223.30 Criminal sale of nitrous oxide in the first degree. § 223.00 Nitrous oxide; definitions. 1. (a) "Acceptable use" means the possession and use of nitrous oxide: i. by a manufacturer as part of a manufacturing process or industrial operation by a person at least twenty-one years of age; ii. by a health care professional for administration to a patient under their care when acting within the professional's lawful scope of practice under title eight of the education law; iii. for automotive or rocketry purposes by a person at least twenty- one years of age, provided the nitrous oxide in question is combined with other fuels or chemicals designed to deter human consumption; iv. by an individual at least eighteen years of age using nitrous oxide as a propellant in food preparation in a food service establish- ment or food service training program; v. in an amount not to exceed one hundred grams of nitrous oxide total by an individual at least twenty-one years of age for personal use in food preparation; vi. in a form and manner approved in regulation by the commissioner of health or the commissioner of education. (b) The presence of additional flavoring in or labeling on any part of a nitrous oxide container referring to the substance therein being flavored, except to note the presence of a chemical designed to deter misuse, shall create a rebuttable presumption against the nitrous oxide in question being for an acceptable use. 2. For the purposes of this article, the term "nitrous oxide" shall not include nitrous oxide that has been premixed with a dairy product or a dairy-like non-dairy product for the purposes of making a whipped topping. § 223.10 Criminal possession of nitrous oxide. A person is guilty of criminal possession of nitrous oxide when they knowingly possess or use nitrous oxide for any reason other than an acceptable use. Criminal possession of nitrous oxide is a class A misdemeanor. § 223.20 Criminal sale of nitrous oxide in the second degree. A person is guilty of criminal sale of nitrous oxide in the second degree when they knowingly and unlawfully sell nitrous oxide to another person and have reasonable cause to believe that the product sold or offered for sale will be used for a purpose other than an acceptable use. Criminal sale of nitrous oxide is a class D felony. § 223.30 Criminal sale of nitrous oxide in the first degree. A person is guilty of criminal sale of nitrous oxide in the first degree when, being over twenty-one years old, they knowingly and unlaw- fully sell nitrous oxide to another person who they know or reasonably should have known is under the age of twenty-one in violation of section 223.20 of this article. Criminal sale of nitrous oxide is a class C felony.

  amended

• Section 834 of the general business law

  ARTICLE 38-C NITROUS OXIDE

  repealed

• Section 207 of the public health law

  (t) The dangers associated with the misuse of nitrous oxide, includ- ing, but not limited to, vitamin B-12 deficiency, impaired motor func- tion, psychiatric disturbances, loss of consciousness, asphyxiation, and death. The commissioner shall consult with the commissioner of the office of addiction services and supports when developing education and outreach programs under this provision.

  amended

• Section 1192 of the vehicle and traffic law

  4-b. Driving while ability impaired by nitrous oxide. (a) No person shall operate a motor vehicle while the person's ability to operate such a motor vehicle is impaired by the use of nitrous oxide, whether solely or in combination with alcohol and/or another drug or drugs. (b) For any prosecution under this subdivision, there shall be a rebuttable presumption that this offense has been committed when a driv- er appears to be impaired and: (i) the driver has open or empty nitrous oxide containers in their possession; or (ii) the driver tests positive for nitrous oxide on a test designated in regulation by the commissioner of motor vehicles, in consultation with the commissioner of health, as proof of intoxication.

  amended

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