Nitrous oxide

The government has amended the Medicines and Poisons Regulations 2016 to restrict access to nitrous oxide.

Under the new regulations, nitrous oxide products up to 10 grams are only accessible to:

• registered food businesses
• selected businesses with a liquor licence
• schools and other educational institutions
• cooking school businesses.

These are known as approved recipients.

How are nitrous oxide products regulated in Western Australia?

Nitrous oxide is a restricted substance under medicines and poisons laws. The Western Australian Medicines and Poisons Act 2014 references the schedules from the national Poisons Standard (external site). The Western Australia Medicines and Poisons Regulations 2016 sit under the Medicines and Poisons Act 2014 and provide specific rules for compliance.

For medical use, nitrous oxide is a Schedule 4 (prescription only) medicine. Possession, prescription and supply is limited to certain health practitioners and authorised persons only.

Since October 2022, nitrous oxide products for non-therapeutic use have been listed as a Schedule 6 poison in the national Poisons Standard (external site). This means manufacturers must follow packaging and labelling rules and apply mandatory warnings. It also means the purchaser must be aged 16 years or older.

The Department of Health will be inspecting suppliers of nitrous oxide as part of routine public health regulation compliance and enforcement programs. Suppliers that do not comply with the restrictions risk possible penalties or prosecution.

Penalties

Although there are no penalties for possessing nitrous oxide, purchasers who then on-supply it must adhere to the same requirements as suppliers.

Penalites include:

• court issued fines up to $30,000
  OR
• on the spot infringements up to $6000 for the sale of nitrous oxide to someone who is not approved.

Any breaches will result in the same penalties that apply to suppliers.

There are also penalties for using fraudulent behaviour to obtain poisons, such as providing a supplier with false or misleading information.

Reporting non-compliance

Individuals and businesses that are supplying outside the restrictions may face potential prosecution and significant penalties.

If you have a concern regarding non-compliance of a supplier please report this directly to the Medicines and Poisons Regulation Branch (9222 6883 or DOH.nangreport@health.wa.gov.au) or report to Crime Stoppers by phoning 1800 333 000 or online at crimestopperswa.com.au.