March 16, 2026
Mr. Mullin introduced the following bill; which was referred to the Committee on Energy and Commerce
To ban the sale of nitrous oxide consumer products, and for other purposes.
Section 1. Short title
This Act may be cited as the Nitrous Oxide Safety Act of 2026
.
Sec. 2. Nitrous oxide products considered a banned hazardous product
(a) Consideration as banned hazardous product
Except as provided in subsection (b), on and after the date that is 180 days after the date of the enactment of this Act, a consumer product that contains nitrous oxide shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057).
(b) Rule of construction
Nothing in this section may be construed to—
(1)
ban the sale of a product that contains nitrous oxide to be used in the course of—
(A)
medical or dental treatment;
(B)
commercial production of food or food products, including in a manufacturing setting or commercial kitchen; or
(C)
research and development; or
(2)
apply to a consumer product in which nitrous oxide is sold as a component of food and used as a propellant to drive such food out of a pressurized container.
(c) Definitions
In this section:
(1) Commercial kitchen
The term commercial kitchen
means a commercial restaurant, caterer, or other food preparation business.
(2) Consumer product
The term consumer product
has the meaning given that term under section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
(3) Medical or dental treatment
The term medical or dental treatment
means care provided by a dentist, doctor, pharmacist, or another professional licensed to dispense medication.
(4) Nitrous oxide
The term nitrous oxide
means the gas chemically known as N2O, which is also known as laughing gas
and whippits
.
(5) Research and development
The term research and development
means activities conducted by an accredited academic institution, a business, nonprofit entity, or government agency engaged in scientific, engineering, medical, or technological research or the development of products or services.