KRS 438.343: Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties.

(1) As used in this section, "nitrous oxide" means any of the following substances:

(a) N2O;

(b) Dinitrogen monoxide;

(c) Dinitrogen oxide;

(d) Nitrogen oxide;

(e) Butyl nitrite;

(f) Isobutyl nitrite;

(g) Secondary butyl nitrite;

(h) Tertiary butyl nitrite; or

(i) Laughing gas.

(2) A retailer shall not sell, distribute, give away, or cause to be sold any device,

canister, tank, or receptacle that either exclusively contains nitrous oxide or

exclusively contains a chemical compound mixed with nitrous oxide.

(3) Nitrous oxide shall onl y be available for the uses as authorized by this subsection.

This section shall not prohibit:

(a) The sale or distribution of medical gases that contain nitrous oxide by a

wholesaler licensed by the Kentucky Board of Pharmacy;

(b) Any person who administe rs nitrous oxide for the purpose of providing

medical or dental care, if administered by a dentist or dental hygienist in

accordance with KRS 313.060;

(c) The possession or use of nitrous oxide substances by a manufacturer as part of

a manufacturing process or industrial operation;

(d) The possession, use, or sale of nitrous oxide as a propellant in food

preparation for restaurant, food service, or houseware products; or

(e) The possession, use, or sale of nitrous oxide for automotive purposes.

(4) Any retailer that violates this section shall be subject to:

(a) A two thousand five hundred dollar ($2,500) fine to the owner of a retail

establishment for a first citation issued for a violation of this section;

(b) A five thousand dollar ($5,000) fine to the ow ner of a retail establishment for

a second citation issued for a violation of this section; and

(c) Up to thirty (30) days in jail for a third citation issued for a violation of this

section.

(5) Each citation shall be specific to the premises of the retai ler where the violation

occurred.