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SB-193 Nitrous oxide: retail sales.(2019-2020)

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Date Published: 06/19/2019 09:00 PM

Revised  June 26, 2019
Amended  IN  Assembly  June 19, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  April 02, 2019


Senate Bill
No. 193

Introduced by Senator Nielsen
(Coauthor: Assembly Member Mathis)

January 31, 2019

An act to add Section 381f to the Penal Code, relating to nitrous oxide.


SB 193, as amended, Nielsen. Nitrous oxide: retail sales.
Existing law prohibits the possession of nitrous oxide with the intent of inhaling to inhale it for specified purposes, including to cause intoxication. Existing law also prohibits the sale of nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person. Existing law requires a seller of nitrous oxide to keep a record of persons who purchase nitrous oxide from it and also to provide certain written warnings to the purchaser.
This bill would make it a misdemeanor for a retailer of tobacco or tobacco-related products, as defined, to sell, or offer for sale, nitrous oxide, as specified. By creating a new crime, the bill would impose a state-mandated local program.
The bill would require the court, with exceptions, to order the suspension of the business license of a person who knowingly commits that offense after having been previously convicted of the offense.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


 Section 381f is added to the Penal Code, to read:

 (a) A retailer of tobacco or tobacco-related products that sells, or offers for sale, any device, canister, tank, or receptacle either exclusively containing nitrous oxide or containing a chemical compound mixed with nitrous oxide is guilty of a misdemeanor.
(b) The court shall order the suspension of the business license, for a period of up to one year, of a person who knowingly violates this section after having been previously convicted of a violation of this section, unless the owner of the business license can demonstrate a good faith attempt to prevent violations of this section by the owner or the owner’s employees.
(c) This section does not apply to the sale sale, or the offer for sale, of nitrous oxide contained in food products for use as a propellant.
(d) For purposes of this section, “retailer of tobacco or tobacco-related products” includes any business that primarily engages in the retail sale to consumers of cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or any liquid containing nicotine for use in an electronic vaporizing device, or any cigarette lighters, cigar cutters, rolling papers, smoking pipes, water pipes, hookahs, electronic cigarettes or electronic vaporizing device, or any other paraphernalia associated with the smoking or ingesting of tobacco.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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