Nitrous oxide: legitimate uses and appropriate controls consultation
The consultation is aimed at organisations or individuals that manufacture, sell or use nitrous oxide as part of their business or for those who use it in a personal capacity where it is not used for its psychoactive effects, for example when used in home cooking and car maintenance.
The BRC would like to know:
1) Which of the three proposals (below) you prefer
2) Do you have any examples of best practice, showing where you have retailed Nitrous Oxide responsibly
Please let me know your response by Friday 16th June
The consultation mentions three proposals:
Proposal 1 – Licensing for all legitimate purposes (outside healthcare)
Introduce a licensing requirement for all uses of nitrous oxide. In this scenario:
- a licence would be required for any company or individual who wished to import, export, possess, produce, or supply nitrous oxide for all purposes
- exemptions would apply for use in healthcare, as with other drugs
Proposal 2 – No requirements for licensing for legitimate purposes
Exempt the import, export, possession, production and supply of nitrous oxide from the offences under the 1971 Act where this is for legitimate purposes.
In this scenario:
- no licence would be required where nitrous oxide is used or handled for a legitimate purpose (as defined in the legislation)
- where a business or individual is importing, exporting, possessing, producing, or supplying nitrous oxide for a purpose not defined as legitimate, they will need to obtain a licence
- exemptions would apply for use in healthcare, as with other drugs.
Legitimate purposes will be defined in legislation, and the information gathered through this consultation will inform the scope and content of that definition.
Proposal 3 – Licensing for import/ export, production, supply and an exemption for possession for legitimate purposes
Introduce licensing requirements for the import, export, production, and supply of nitrous oxide and provide an exemption for the possession of nitrous oxide where this is for a legitimate purpose.
In this scenario:
- a licence would be required for any company or individual who wished to import, export, produce, or supply nitrous oxide.
- an individual or organisation who wished to possess nitrous oxide for a legitimate purpose (as defined in the legislation) would not require a licence for this activity.
- exemptions would apply for use in healthcare, as with other drugs.