This chapter is enacted pursuant to the County's plenary police powers to protect the public safety, health and welfare. The express purpose of this chapter is to protect the public health and safety by prohibiting the sale and distribution of nitrous oxide for recreational use.
(Ord. 5499, 9/30/2025)
For purposes of this chapter, the following definitions apply:
(A) 
"Device"
means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, cracker, or other object used to contain, dispense or administer nitrous oxide.
(B) 
"Nitrous oxide"
means the colorless nonflammable gas which may be used in aerosols or as an anesthetic in medical settings, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter. Nitrous oxide is often informally or colloquially referred to as "N20," "laughing gas," "NOX," "galaxy gas," and "whippits," amongst other terms.
(C) 
"Person"
means any individual or legal entity however constituted or organized.
(D) 
"Wholesale capacity"
means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use them in a non-recreational manner. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
(Ord. 5499, 9/30/2025)
Except as otherwise authorized by law or allowed under this chapter, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
(Ord. 5499, 9/30/2025)
The prohibition set forth in SCCC § 7.160.030 does not apply in the following circumstances:
(A) 
If the nitrous oxide is contained in a food product for use as a propellant.
(B) 
If the nitrous oxide or device is sold or distributed in a wholesale capacity, for uses similar to those described in SCCC 7.160.020(D). This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of SCCC § 7.160.030.
(C) 
If the nitrous oxide or device that is being sold or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
(D) 
If the nitrous oxide or device is being sold or distributed for the purpose of industrial or commercial use.
(E) 
If the nitrous oxide or device is being sold or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.
(F) 
If the nitrous oxide or device is being sold or distributed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
(G) 
Under any other circumstances exempted under law.
(Ord. 5499, 9/30/2025)
The Santa Cruz County Sheriff's Office shall be responsible for the investigation and enforcement of the provisions of this chapter.
(Ord. 5499, 9/30/2025)
Any person violating SCCC § 7.160.030 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
(Ord. 5499, 9/30/2025)
If any section, paragraph, sentence, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Board of Supervisors hereby declares that it would have adopted this chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the chapter be enforced.
(Ord. 5499, 9/30/2025)