RESTRICTION ON THE RECREATIONAL USE OF DINITROGEN OXIDE REGULATIONS

RESTRICTION ON THE RECREATIONAL USE OF

DINITROGEN OXIDE

SUBSIDIARY LEGISLATION 465.76

RESTRICTION ON THE RECREATIONAL USE OF

DINITROGEN OXIDE REGULATIONS

29th April, 2026

LEGAL NOTICE 111 of 2026.

(1)

The title of these regulations is the Restriction on

the Recreational Use of Dinitrogen Oxide Regulations.

(2)

The scope of these regulations is to restrict the

importation, possession, use, distribution, advertisement, storage and

sale of dinitrogen oxide beyond its legitimate use

Provided that these regulations shall not adversely affect

the importation, possession, use, distribution, advertisement, storage

and sale by traders or by professionals for any legitimate use.

In these regulations, unless the context otherwise

requires

"Act" means the Public Health Act;

"advertisement" means any form of commercial

communication with the aim of directly or indirectly promoting

the recreational use of dinitrogen oxide;

"consumer" means a natural or legal person acting

principally outside his trade or profession;

"dinitrogen oxide" means any preparation or product

containing the chemical dinitrogen oxide, commonly referred to

as nitrous oxide and bearing CAS registry number 10024-97-2;

"legitimate use" means the use of dinitrogen oxide for an

industrial, medicinal, pharmaceutical, catering purpose or when

it is used as an oxidiser in model rocketry and legitimate

vehicle racing in accordance with any applicable law;

"recreational use" means the use of dinitrogen oxide

outside its legitimate use, and which is, or intends to be, inhaled

directly or through a balloon or other device.

(1)

The importation, possession, use, distribution,

storage or sale of dinitrogen oxide shall be prohibited

Provided that the importation, possession, distribution,

advertisement, storage, sale and use of dinitrogen oxide by traders or

for professional purposes for a legitimate use shall be permitted

RESTRICTION ON THE RECREATIONAL USE OF

DINITROGEN OXIDE

Provided further that the sale or distribution to

consumers, or the possession by consumers of products containing

dinitrogen oxide shall only be permitted where, from the appearance,

presentation or form of the product, it cannot reasonably be inferred

that it is intended, or is being used, for the purpose of dinitrogen oxide

inhalation

Provided further that where criminal proceedings are

instituted against a trader, retailer, professional or consumer for breach

of these regulations, the burden of proof shall lie on the accused to

prove that the importation, possession, distribution, storage, sale or use

of dinitrogen oxide was not intended for, nor used for, recreational use.

(2)

Advertisement of dinitrogen oxide shall only be permitted

where it is clear from the manner of presentation that it is not intended

to be, nor is it likely to be, used for a recreational use.

The recreational use of dinitrogen oxide by any person

shall be prohibited, irrespective of age.

(1)

For the purposes of compliance and enforcement

of these regulations, the Superintendent of Public Health hereby

delegates his powers under the Act to the Executive Police pursuant to

article 5 of the Act, and in the exercise of such functions, the Executive

Police shall be deemed to be authorised officers for the purposes of the

Act.

(2)

Without prejudice to the generality of sub-regulation (1),

such power shall include the power for the Executive Police to

institute, ex officio, criminal proceedings against any person in

accordance with Part V of the Act.

(3)

Where a person is found guilty of an offence under these

regulations, such person shall be liable to the orders and punishments

in accordance with Part V of the Act.