Nitrous Oxide Safety Act of 2026

This Act may be cited as the “Nitrous Oxide Safety Act of 2026”.

(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.