S.C. Code Ann. § 44-53-2510: Definitions.

As used in this article:

(1) "Department" means the South Carolina Department of Public Health.

(2) "Division" means the State Law Enforcement Division.

(3) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.

(4) "Nitrous oxide" means dinitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.

(5) "Nitrous oxide products" means a cartridge, cylinder, tank, or other container that contains nitrous oxide.

(6) "Characterizing flavor" means a distinguishable taste or aroma described by reference to a fruit, candy, dessert, beverage, mint, menthol, or any other flavor or aroma.

(7) "Flavored nitrous oxide product" means a nitrous oxide product that is labeled, advertised, marketed, or sold by reference to a characterizing flavor.

(8) "Exempt entity" means:

(a) a physician, dentist, veterinarian, hospital, clinic, or other licensed healthcare facility acting within the lawful scope of practice;

(b) a licensed 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) an automotive business operating with a business license and with an authorized dealer or distributor agreement and having the primary purpose of providing automotive supplies and services and using nitrous oxide solely for a lawful automotive performance, testing, or competition purpose;

(d) an industrial or manufacturing business operating with a business license using nitrous oxide solely for lawful industrial or manufacturing purposes;

(e) an institute 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.

(9) "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.