Section 3380. Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases

1.  (a)  As  used  in this section the phrase "glue containing a
  solvent having the property of releasing toxic vapors  or  fumes"  shall
  mean  and  include any glue, cement, or other adhesive containing one or
  more of the following chemical compounds:  acetone,  cellulose  acetate,
  benzene,  butyl  alcohol,  ethyl  alcohol, ethylene dichloride, ethylene
  trichloride, isopropyl alcohol, methyl  alcohol,  methyl  ethyl  ketone,
  pentachlorophenol,  petroleum  ether,  toluene  or  such  other  similar
  material as the commissioner shall by regulation prescribe.
    (b) As used in this section hazardous inhalants shall mean and include
  any of the preparations of compounds  containing  one  or  more  of  the
  chemical  compounds;  amyl  nitrite,  isoamyl  nitrite,  butyl  nitrite,
  isobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that
  is either designed to be used, or commonly used, as an inhalant.
    2. No person  shall,  for  the  purpose  of  causing  a  condition  of
  intoxication,  inebriation,  excitement, stupefaction, or the dulling of
  his brain or nervous system, intentionally smell  or  inhale  the  fumes
  from  any  hazardous  inhalants  or  from  any glue containing a solvent
  having the property of releasing toxic vapors or fumes;  provided,  that
  nothing  in  this  section  shall  be  interpreted  as  applying  to the
  inhalation of any anesthesia or inhalant for medical or dental purposes.
    3. No person shall, for the purpose of violating subdivision two, use,
  or possess for the purpose of so using, any hazardous inhalants  or  any
  glue  containing a solvent having the property of releasing toxic vapors
  or fumes.
    4. No person shall sell, or offer to sell, to  any  other  person  any
  tube  or other container of any hazardous inhalants or glue containing a
  solvent having the property of releasing toxic vapors or fumes:
    (a) if he has knowledge that the product sold, or  offered  for  sale,
  will  be  used  for  the  purpose  set  forth in subdivision two of this
  section; or
    (b) unless there has been added to such glue a sufficient quantity  of
  an  additive, approved by the commission, which shall act as a deterrent
  to inhalation, and not be harmful or  toxic  to  the  human  body.  This
  provision  shall  not  apply to hazardous inhalants or glue manufactured
  and sold for industrial use.
    5. (a) No person shall use  nitrous  oxide  for  purposes  of  causing
  intoxication,  inebriation,  excitement,  stupefaction or the dulling of
  the brain or nervous system of himself or another.
    (b) No person shall sell any canister or other  container  of  nitrous
  oxide  unless  granted  an exemption pursuant to this subdivision. In no
  event shall any canister or other container of nitrous oxide be sold  to
  a person under the age of twenty-one years.
    (c)  This  subdivision  shall not apply to the use of nitrous oxide in
  industrial, medical or dental  applications,  or  to  specific  products
  which  must  use  nitrous  oxide  as a propellant provided such products
  shall in no event  be  sold  at  retail  to  the  public,  as  shall  be
  determined  by  the  commissioner  pursuant  to  paragraph  (d)  of this
  subdivision.
    (d) The commissioner is directed to promulgate regulations  to  exempt
  specific  products which must use nitrous oxide, or a mixture of nitrous
  oxide with other gases, as a propellant  from  the  provisions  of  this
  chapter  provided  such  regulations  shall  prohibit  the  sale of such
  products at retail to the public.
    (e) The provisions of this section shall not be deemed to prohibit the
  sale of food products containing nitrous oxide  provided  such  products

  comply  with  the provisions of section sixteen-a of the agriculture and
  markets law.
    (f)  The  commissioner  may, upon the application of a manufacturer or
  seller of a product containing nitrous oxide and intended  for  sale  at
  retail,  authorize the sale of such a product if there is no evidence of
  substantial misuse of the product as defined by this subdivision and  if
  the manufacturer or seller takes the following steps to:
    (i)  clearly  indicate the legitimate purpose or use of the product on
  the package;
    (ii) display prominently on the package in heavy type  print  language
  which  warns  of  health  dangers  resulting  from the misuse of nitrous
  oxide;
    (iii) demonstrate that the product  bears  a  distinctive  feature  or
  features  enabling it to be clearly distinguished from the nitrous oxide
  products of other manufacturers;
    (iv) educate wholesale and retail businesses which sell the product of
  the dangers of nitrous oxide and the need to monitor its sale; and
    (v) prevent  their  sale  of  the  product  to  any  person,  firm  or
  corporation  who  or which sells drug-related paraphernalia as such term
  is defined by subdivision two of section  eight  hundred  fifty  of  the
  general business law.
    6.  (a)  Any  person  who violates any provision of subdivision two or
  three of this section shall be guilty of an offense and upon  conviction
  thereof shall be punished by a fine of not more than fifty dollars or by
  imprisonment  for  not  more  than  five  days, or by both such fine and
  imprisonment.
    (b) Any person who violates any provision of subdivision four or  five
  of this section shall be guilty of a class A misdemeanor.