H 5202

South Carolina General Assembly
126th Session, 2025-2026
Bill 5202
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 44 SO AS TO
PROHIBIT THE SALE OF NITROUS OXIDE OR NITROUS OXIDE PRODUCTS IN THE STATE OF
SOUTH CAROLINA, WITH EXCEPTIONS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC HEALTH
TO PROMULGATE REGULATIONS AND TO ENFORCE THE PROVISIONS OF THE ARTICLE; TO
CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 53, Title 44 of the S.C. Code is amended by
adding:
Article 25
Nitrous Oxide
    Section
44-53-2510.  As used in this article:
    (1)
"Department" means the South Carolina Department of Public Health.
    (2)
"Exempt entity" means:
       (a)
a physician, dentist, veterinarian, hospital, clinic, or other licensed medical
facility acting within the lawful scope of practice;
       (b)
a bona fide commercial food and beverage business that holds a valid South
Carolina retail food establishment permit or food service permit and uses
nitrous oxide solely for legitimate culinary or beverage preparation in the
ordinary course of business;
       (c)
a bona fide automotive business using nitrous oxide solely for lawful
automotive performance, testing, or competition purposes;
       (d)
a bona fide industrial or manufacturing business using nitrous oxide solely for
lawful industrial or manufacturing purposes;
       (e)
an institution of higher education, laboratory, or research facility using
nitrous oxide solely for scientific research or instruction; or
       (f)
a governmental entity or emergency services agency acting within the scope of
official duties.
    (3) "Flavored
nitrous oxide product" means a nitrous oxide product that is labeled,
advertised, marketed, or sold by reference to a characterizing flavor.
    (4) "Food"
means any food, food product, food ingredient, dietary ingredient, dietary
supplement, or beverage intended for human consumption.
    (5)
"Nitrous oxide" means dinitrogen monoxide (N2O) and any compound, liquid, gas,
or chemical that contains nitrous oxide, whether compressed, liquefied, or
contained in a cartridge, cylinder, tank, canister, or other vessel.
    (6)
"Nitrous oxide product" means any product and accessory used to inhale nitrous
oxide including, but not limited to, a cylinder, tank, canister, or other vessel
that contains nitrous oxide.
    (7)
"Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver,
offer for sale, or possess with intent to sell, furnish, give, distribute,
provide, deliver, or offer for sale.
    Section
44-53-2520.  (A) Except as
provided in subsection (E), it is unlawful for a person to sell or offer for
sale nitrous oxide or a nitrous oxide product in this State.
    (B)
Except as provided in subsection (E), it is unlawful for a person to possess
nitrous oxide or a nitrous oxide product with intent to sell or distribute in
this State.
    (C)
A person may not sell, market, or represent nitrous oxide or a nitrous oxide
product for recreational inhalation or personal use.
    (D)
Notwithstanding any other provision of this article, it is unlawful for any
person to sell, furnish, give, distribute, provide, deliver, offer for sale, or
possess with intent to sell a flavored nitrous oxide product in this State.
    (E)
Subsections (A) and (B) do not apply to the sale, distribution, or transfer of
nitrous oxide or nitrous oxide products to an exempt entity for the exempt
entity's lawful purpose, provided the seller complies with Section 44-53-2530.
    (F)
Each unlawful sale, delivery, distribution, or transfer constitutes a separate
offense.
    Section
44-53-2530.  (A) A person who
sells or distributes nitrous oxide or nitrous oxide products pursuant to
Section 44-53-2520(E) shall take reasonable steps to verify that the purchaser
is an exempt entity.
    (B)
At a minimum, reasonable steps include obtaining and retaining:
       (1)
the purchaser's business name and business address;
       (2)
a copy of, or the identifying number for, the purchaser's applicable license,
permit, or registration demonstrating exempt entity status; and
       (3)
an invoice or receipt documenting the date of sale or transfer and the quantity
and form of nitrous oxide or nitrous oxide products sold or transferred.
    (C)
Records required by this section must be retained for no less than two years
and must be made available for inspection by the department, SLED, or local law
enforcement during normal business hours upon reasonable request.
    (D)
The department may promulgate regulations to administer and enforce the
provisions of this article, including purchaser verification standards and
recordkeeping requirements.
    Section
44-53-2540.  (A) A person who
knowingly violates Section 44-53-2520 is guilty of a misdemeanor and, upon
conviction:
       (1)
for a first offense, must be fined not more than one thousand dollars or
imprisoned for a term not to exceed six months, or both;
       (2)
for a second offense, must be fined not more than five thousand dollars or
imprisoned for a term not to exceed one year, or both; and
       (3)
for a third or subsequent offense, must be fined not more than ten thousand
dollars or imprisoned for a term not to exceed three years, or both.
    (B)
In addition to criminal penalties, a business entity convicted of a violation
of this article is subject to administrative action by the State or local
authority that issued the business's license, permit, or registration,
including suspension or revocation, consistent with law.
SECTION 2.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on February 18, 2026 at 01:07 PM