SB 631: Nitrous oxide: retail sales.

Existing law prohibits the possession of nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also prohibits the sale of nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to knowingly dispense nitrous oxide to a person who will use it for specified prohibited purposes, if that person then causes death or great bodily injury to himself or herself or another person. Finally, existing law requires a seller of nitrous oxide to keep a record of persons who purchase nitrous oxide from it and also to provide certain written warnings to the purchaser.

This bill would prohibit a retailer of tobacco or tobacco-related products, as defined, from selling, offering, or exposing for sale nitrous oxide, as specified. The bill would authorize a civil penalty to be assessed against a retailer who violates this prohibition and would require the suspension of the retailers license to engage in the sale of cigarettes or tobacco products, if the retailer possesses that license.