§ 475.390 — Prohibition on retail sale of nitrous oxide to individual under 18 years of age; proof of age; online orders; penalties

Oregon § 475.390

• Jurisdiction: Oregon
• Vol.: 14
• Title 37: Alcoholic Liquors; Controlled Substances; Drugs
• Ch.: 475

Text

(1) A business, or an employee of a business, that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide may not sell or deliver a nitrous oxide canister described in this subsection to an individual who is under 18 years of age.
(2)(a) Prior to selling or delivering a nitrous oxide canister described in subsection (1) of this section to an individual, a business or employee of the business shall require the individual to produce one of the following pieces of identification in order to verify that the individual is at least 18 years of age:
(A) A passport;
(B) A driver license, whether issued in this state or by another state;
(C) An identification card issued under ORS 807.400;
(D) An identification card issued by the United States military; or
(E) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual.
(b) The piece of identification presented must establish that the individual is at least 18 years of age and accurately describe the individual.
(3)(a) If the retail sale of a nitrous oxide canister described in subsection (1) of this section is made through an online ordering system for delivery to an individual recipient located in this state, the business making the retail sale may not complete the delivery unless the business, or the employee or agent of the business making the delivery:
(A) Obtains the signature of the recipient of the nitrous oxide canister; and
(B) Verifies by inspecting the individual’s identification, as described in subsection (2) of this section, that the recipient is at least 18 years of age.
(b) In order to meet the requirements of this subsection, a business may use an identification verification software or application that is generally accepted as reliable and accurate by the industry in which the business engages.
(4)(a) Except as provided in paragraph (b) of this subsection, violation of this section is a Class A violation.
(b) Violation of this section is a Class C misdemeanor if at the time of sentencing the person has been convicted and sentenced, during a prior proceeding, under this section.

Legislative History

2017 c.402 §1; 2025 c.66 §1