§ 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\nhazardous inhalants; sale of glue and hazardous inhalants in certain\ncases. 1. (a) As used in this section the phrase "glue containing a\nsolvent having the property of releasing toxic vapors or fumes" shall\nmean and include any glue, cement, or other adhesive containing one or\nmore of the following chemical compounds: acetone, cellulose acetate,\nbenzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene\ntrichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone,\npentachlorophenol, petroleum ether, toluene or such other similar\nmaterial as the commissioner shall by regulation prescribe.\n (b) As used in this section hazardous inhalants shall mean and include\nany of the preparations of compounds containing one or more of the\nchemical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite,\nisobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that\nis either designed to be used, or commonly used, as an inhalant.\n 2. No person shall, for the purpose of causing a condition of\nintoxication, inebriation, excitement, stupefaction, or the dulling of\nhis brain or nervous system, intentionally smell or inhale the fumes\nfrom any hazardous inhalants or from any glue containing a solvent\nhaving the property of releasing toxic vapors or fumes; provided, that\nnothing in this section shall be interpreted as applying to the\ninhalation of any anesthesia or inhalant for medical or dental purposes.\n 3. No person shall, for the purpose of violating subdivision two, use,\nor possess for the purpose of so using, any hazardous inhalants or any\nglue containing a solvent having the property of releasing toxic vapors\nor fumes.\n 4. No person shall sell, or offer to sell, to any other person any\ntube or other container of any hazardous inhalants or glue containing a\nsolvent having the property of releasing toxic vapors or fumes:\n (a) if he has knowledge that the product sold, or offered for sale,\nwill be used for the purpose set forth in subdivision two of this\nsection; or\n (b) unless there has been added to such glue a sufficient quantity of\nan additive, approved by the commission, which shall act as a deterrent\nto inhalation, and not be harmful or toxic to the human body. This\nprovision shall not apply to hazardous inhalants or glue manufactured\nand sold for industrial use.\n 5. (a) No person shall use nitrous oxide for purposes of causing\nintoxication, inebriation, excitement, stupefaction or the dulling of\nthe brain or nervous system of himself or another.\n (b) No person shall sell any canister or other container of nitrous\noxide unless granted an exemption pursuant to this subdivision. In no\nevent shall any canister or other container of nitrous oxide be sold to\na person under the age of twenty-one years.\n (c) This subdivision shall not apply to the use of nitrous oxide in\nindustrial, medical or dental applications, or to specific products\nwhich must use nitrous oxide as a propellant provided such products\nshall in no event be sold at retail to the public, as shall be\ndetermined by the commissioner pursuant to paragraph (d) of this\nsubdivision.\n (d) The commissioner is directed to promulgate regulations to exempt\nspecific products which must use nitrous oxide, or a mixture of nitrous\noxide with other gases, as a propellant from the provisions of this\nchapter provided such regulations shall prohibit the sale of such\nproducts at retail to the public.\n (e) The provisions of this section shall not be deemed to prohibit the\nsale of food products containing nitrous oxide provided such products\ncomply with the provisions of section sixteen-a of the agriculture and\nmarkets law.\n (f) The commissioner may, upon the application of a manufacturer or\nseller of a product containing nitrous oxide and intended for sale at\nretail, authorize the sale of such a product if there is no evidence of\nsubstantial misuse of the product as defined by this subdivision and if\nthe manufacturer or seller takes the following steps to:\n (i) clearly indicate the legitimate purpose or use of the product on\nthe package;\n (ii) display prominently on the package in heavy type print language\nwhich warns of health dangers resulting from the misuse of nitrous\noxide;\n (iii) demonstrate that the product bears a distinctive feature or\nfeatures enabling it to be clearly distinguished from the nitrous oxide\nproducts of other manufacturers;\n (iv) educate wholesale and retail businesses which sell the product of\nthe dangers of nitrous oxide and the need to monitor its sale; and\n (v) prevent their sale of the product to any person, firm or\ncorporation who or which sells drug-related paraphernalia as such term\nis defined by subdivision two of section eight hundred fifty of the\ngeneral business law.\n 6. (a) Any person who violates any provision of subdivision two or\nthree of this section shall be guilty of an offense and upon conviction\nthereof shall be punished by a fine of not more than fifty dollars or by\nimprisonment for not more than five days, or by both such fine and\nimprisonment.\n (b) Any person who violates any provision of subdivision four or five\nof this section shall be guilty of a class A misdemeanor.\n