{"data":{"id":"us-ky/krs-438.343","jurisdiction":"us-ky","citation":"KRS 438.343","heading":"Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties.","body":"(1) As used in this section, \"nitrous oxide\" means any of the following substances:\n(a) N2O;\n(b) Dinitrogen monoxide;\n(c) Dinitrogen oxide;\n(d) Nitrogen oxide;\n(e) Butyl nitrite;\n(f) Isobutyl nitrite;\n(g) Secondary butyl nitrite;\n(h) Tertiary butyl nitrite; or\n(i) Laughing gas.\n(2) A retailer shall not sell, distribute, give away, or cause to be sold any device,\ncanister, tank, or receptacle that either exclusively contains nitrous oxide or\nexclusively contains a chemical compound mixed with nitrous oxide.\n(3) Nitrous oxide shall onl y be available for the uses as authorized by this subsection.\nThis section shall not prohibit:\n(a) The sale or distribution of medical gases that contain nitrous oxide by a\nwholesaler licensed by the Kentucky Board of Pharmacy;\n(b) Any person who administe rs nitrous oxide for the purpose of providing\nmedical or dental care, if administered by a dentist or dental hygienist in\naccordance with KRS 313.060;\n(c) The possession or use of nitrous oxide substances by a manufacturer as part of\na manufacturing process or industrial operation;\n(d) The possession, use, or sale of nitrous oxide as a propellant in food\npreparation for restaurant, food service, or houseware products; or\n(e) The possession, use, or sale of nitrous oxide for automotive purposes.\n(4) Any retailer that violates this section shall be subject to:\n(a) A two thousand five hundred dollar ($2,500) fine to the owner of a retail\nestablishment for a first citation issued for a violation of this section;\n(b) A five thousand dollar ($5,000) fine to the ow ner of a retail establishment for\na second citation issued for a violation of this section; and\n(c) Up to thirty (30) days in jail for a third citation issued for a violation of this\nsection.\n(5) Each citation shall be specific to the premises of the retai ler where the violation\noccurred.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56245","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"79940127584702385a2a5331bae2d37d61d73f51e4e2467e8d9289fc446c21ba","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.340","next":"us-ky/krs-438.345"},"notice":"GroundRules: Original legal text. Not legal advice."}