2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3380 - Inhalation of Certain Toxic Vapors or Fumes, and Certain Hazardous Inhalants; Sale of Glue and Hazardous Inhalants in Certain Cases.

§  3380.  Inhalation  of  certain  toxic  vapors or fumes, and certain
hazardous inhalants; sale of glue and  hazardous  inhalants  in  certain
cases.  1.  (a)  As  used  in this section the phrase "glue containing a
solvent having the property of releasing toxic vapors  or  fumes"  shall
mean  and  include any glue, cement, or other adhesive containing one or
more of the following chemical compounds:  acetone,  cellulose  acetate,
benzene,  butyl  alcohol,  ethyl  alcohol, ethylene dichloride, ethylene
trichloride, isopropyl alcohol, methyl  alcohol,  methyl  ethyl  ketone,
pentachlorophenol,  petroleum  ether,  toluene  or  such  other  similar
material as the commissioner shall by regulation prescribe.
(b) As used in this section hazardous inhalants shall mean and include
any of the preparations of compounds  containing  one  or  more  of  the
chemical  compounds;  amyl  nitrite,  isoamyl  nitrite,  butyl  nitrite,
isobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that
is either designed to be used, or commonly used, as an inhalant.
2. No person  shall,  for  the  purpose  of  causing  a  condition  of
intoxication,  inebriation,  excitement, stupefaction, or the dulling of
his brain or nervous system, intentionally smell  or  inhale  the  fumes
from  any  hazardous  inhalants  or  from  any glue containing a solvent
having the property of releasing toxic vapors or fumes;  provided,  that
nothing  in  this  section  shall  be  interpreted  as  applying  to the
inhalation of any anesthesia or inhalant for medical or dental purposes.
3. No person shall, for the purpose of violating subdivision two, use,
or possess for the purpose of so using, any hazardous inhalants  or  any
glue  containing a solvent having the property of releasing toxic vapors
or fumes.
4. No person shall sell, or offer to sell, to  any  other  person  any
tube  or other container of any hazardous inhalants or glue containing a
solvent having the property of releasing toxic vapors or fumes:
(a) if he has knowledge that the product sold, or  offered  for  sale,
will  be  used  for  the  purpose  set  forth in subdivision two of this
section; or
(b) unless there has been added to such glue a sufficient quantity  of
an  additive, approved by the commission, which shall act as a deterrent
to inhalation, and not be harmful or  toxic  to  the  human  body.  This
provision  shall  not  apply to hazardous inhalants or glue manufactured
and sold for industrial use.
5. (a) No person shall use  nitrous  oxide  for  purposes  of  causing
intoxication,  inebriation,  excitement,  stupefaction or the dulling of
the brain or nervous system of himself or another.
(b) No person shall sell any canister or other  container  of  nitrous
oxide  unless  granted  an exemption pursuant to this subdivision. In no
event shall any canister or other container of nitrous oxide be sold  to
a person under the age of twenty-one years.
(c)  This  subdivision  shall not apply to the use of nitrous oxide in
industrial, medical or dental  applications,  or  to  specific  products
which  must  use  nitrous  oxide  as a propellant provided such products
shall in no event  be  sold  at  retail  to  the  public,  as  shall  be
determined  by  the  commissioner  pursuant  to  paragraph  (d)  of this
subdivision.
(d) The commissioner is directed to promulgate regulations  to  exempt
specific  products which must use nitrous oxide, or a mixture of nitrous
oxide with other gases, as a propellant  from  the  provisions  of  this
chapter  provided  such  regulations  shall  prohibit  the  sale of such
products at retail to the public.
(e) The provisions of this section shall not be deemed to prohibit the
sale of food products containing nitrous oxide  provided  such  products

comply  with  the provisions of section sixteen-a of the agriculture and
markets law.
(f)  The  commissioner  may, upon the application of a manufacturer or
seller of a product containing nitrous oxide and intended  for  sale  at
retail,  authorize the sale of such a product if there is no evidence of
substantial misuse of the product as defined by this subdivision and  if
the manufacturer or seller takes the following steps to:
(i)  clearly  indicate the legitimate purpose or use of the product on
the package;
(ii) display prominently on the package in heavy type  print  language
which  warns  of  health  dangers  resulting  from the misuse of nitrous
oxide;
(iii) demonstrate that the product  bears  a  distinctive  feature  or
features  enabling it to be clearly distinguished from the nitrous oxide
products of other manufacturers;
(iv) educate wholesale and retail businesses which sell the product of
the dangers of nitrous oxide and the need to monitor its sale; and
(v) prevent  their  sale  of  the  product  to  any  person,  firm  or
corporation  who  or which sells drug-related paraphernalia as such term
is defined by subdivision two of section  eight  hundred  fifty  of  the
general business law.
6.  (a)  Any  person  who violates any provision of subdivision two or
three of this section shall be guilty of an offense and upon  conviction
thereof shall be punished by a fine of not more than fifty dollars or by
imprisonment  for  not  more  than  five  days, or by both such fine and
imprisonment.
(b) Any person who violates any provision of subdivision four or  five
of this section shall be guilty of a class A misdemeanor.