Fullerton Municipal Code Ch. 7.14 Prohibition on Sale or Distribution of Nitrous Oxide

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVICE. Any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle or other object used to contain, dispense or administer nitrous oxide.

NITROUS OXIDE. The colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. NITROUS OXIDE is often informally or colloquially referred to as "laughing gas", "NOX", "galaxy gas" and "whippits" amongst others.

PERSON. Any individual or legal entity however constituted or organized.

WHOLESALE CAPACITY. Sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).

(Ord. 3352, passed - -2025)

Except as otherwise authorized by law or allowed under this chapter, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide or any device that contains any quantity of nitrous oxide.

(Ord. 3352, passed - -2025)

This chapter does not apply to the sale, attempt to sell, distribution or other manner of providing nitrous oxide or a device containing nitrous oxide, in the following exempt circumstances:

(A) If the nitrous oxide is contained in a food product for use as a propellant.

(B) If the nitrous oxide or device is being sold, attempted to be sold, offered or distributed in a wholesale capacity, for uses similar to those described in § 7.14.010. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of § 7.14.020.

(C) If the nitrous oxide or device that is being sold, attempted to be sold, offered or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle, sold by a licensed retailer and is flavorless.

(D) If the nitrous oxide is being sold, attempted to be sold, offered or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

(E) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed or dispensed by a pharmacist, pharmacist intern or pharmacy as defined by Cal. Business and Professions Code §§ 4030, 4036 and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern or wholesalers licensed by the Board of Pharmacy.

(F) Or any other circumstances exempted under law. Any sales or distributions of nitrous oxide contemplated under this section shall comply with all documentation requirements set forth in Cal. Penal Code § 381e.

(Ord. 3352, passed - -2025)

(A) Any person who violates this chapter is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense.

(B) Alternatively, violations may be addressed through civil citations as set forth in Title 1.

(C) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violation of this chapter. This section shall not serve to limit any other legal remedies or actions that the city may have to address violations of this chapter.

(Ord. 3352, passed - -2025)