Humboldt County Municipal Code Div. 11 Sales of Nitrous

Definitions. Sale or Distribution of Nitrous Oxide. Exceptions. Violations and Penalties. Severability.

5111-1. Definitions. The following words and phrases as used in this chapter are defined as follows: (a) Device. “Device” means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide. (b) Nitrous Oxide. “Nitrous oxide” means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called “laughing gas.” (c) Person. “Person” refers to any individual or other entity howsoever organized or constituted. (Ord. 2761, 6/3/ 2025) 5111-2. Sale or Distribution of Nitrous Oxide. It is unlawful for any person not excepted hereafter to sell or 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 a quantity of nitrous oxide. (Ord. 2761, 6/3/2025) 5111-3. Exceptions. This chapter does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains a quantity of nitrous oxide, in the following circumstances: (a) If the nitrous oxide is contained in a food product for use as a propellant. (b) If the nitrous oxide is being administered 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. (c) If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California 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. (d) This chapter shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS). (e) Or any other circumstances exempted under law. (Ord. 2761, 6/3/2025)

The Humboldt County Code is current through Ordinance 2788, passed May 12, 2026. Disclaimer: The Office of the County Counsel has the official version of the Humboldt County Code. Users should contact the Clerk of the Board’s office for ordinances passed subsequent to the ordinance cited above. County Website: humboldtgov.org County Telephone: (707) 445-7236 Hosted by General Code. 5111-4. Violations and Penalties. Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the County Jail of up to six (6) months or by a fine of one thousand dollars ($1,000.00), or both. The County of Humboldt further declares that any condition caused or permitted to exist in violation of any of the provisions of this chapter constitutes a public nuisance. The County of Humboldt may summarily abate such nuisance and recover costs of abatement from the violator and the property owner in accordance with the Abatement of Nuisances code, Division 5 of Title III. This section shall not serve to limit any other legal remedies or actions that the County of Humboldt may have to address violations of this chapter. A violation of this chapter is grounds for revocation of a tobacco retailer’s license pursuant to Section 817-13. Further, a violation of this chapter is grounds for revocation of a business license, if applicable, pursuant to Section 811-8. (Ord. 2761, 6/3/2025) 5111-5. Severability. If any part of this chapter is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this chapter or the applicability of this chapter to other situations. The Board of Supervisors hereby declares that it would have adopted this chapter irrespective of the invalidity of any portion thereof and intends that the invalid portions should be severed, and the balance of the chapter enforced. (Ord. 2761, 6/3/2025)

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