Nitrous oxide regulations

​​​Overview

Nitrous oxide, commonly known as ‘nangs’ or ‘laughing gas’, is a gas used in many industries, including healthcare. However, increasing harms associated with its recreational use has led to new regulatio​n to protect public health and safety.

The NSW Government has introduced new nitrous oxide regulations to reduce the harms associated with its misuse while ensuring continued access for lawful purposes.

The regulation will commence on 5 November 2026. From this date, retailers, suppliers and other businesses must comply with the new legal requirements.

Why are these regulations being introduced?

Nitrous oxide misuse has been linked to serious health risks, including nerve damage, severe vitamin B12 deficiency, permanent neurological injury and serious mental health effects. NSW Health has observed an increase in nitrous oxide-related presentations to hospital.

The new regulation aims to limit access to nitrous oxide for non-legitimate use while ensuring businesses that require it for legitimate food preparation, medical, industrial and other lawful purposes can continue to access it.

What are the new rules?

Under the Medicines, Poisons and Therapeutic Goods Regulation 2026​​, the following restrictions apply in NSW:

From 5 November 2026, retailers must not:

  • Sell nitrous oxide to people under 18:  Photo identification is required to verify age.
  • Sell canisters larger than 10g directly to consumers Retail sale of cylinders larger than 10 grams is prohibited.
  • Sell more than the permitted quantity: Individuals cannot buy more than 250 grams of nitrous oxide per day.
  • Sell nitrous oxide between 10pm and 5am
  • Offer same-day delivery: Online retailers and suppliers must ensure a minimum one-day delay on delivery orders.
  • Display nitrous oxide products or packaging where customers can see them: Retailers must store nitrous oxide products and packaging out of sight.
  • Sell nitrous oxide under an exemption without making a record: Suppliers must keep accurate records of nitrous oxide sales for food, beverage or wholesale purposes.

Who do these regulations apply to?

The new rules apply to all retailers, wholesalers, online sellers and businesses selling or distributing nitrous oxide within NSW. Specific industries, such as hospitality, healthcare and industrial suppliers, must comply with new recordkeeping and purchasing guidelines.

Compliance and enforcement

The new requirements are legal obligations under NSW law. They take effect on 5 November 2026.

Businesses must comply from commencement.

During the first six months after commencement, NSW Health will take an educative approach to enforcement. NSW Health may provide guidance, issue warnings, direct businesses to rectify non-compliance and seize products supplied in breach of the Regulation.

Businesses will not be prosecuted during this period. Prosecution may be considered for non-compliance occurring after the educative period.

Penalties for non-compliance

Failure to comply may attract penalties of up to $11,000 for a corporation and $2,200 for an individual, per offence. During the first six months after commencement, NSW Health will take an educative approach and will not prosecute businesses. However, illegal products may be seized and businesses may be directed to rectify non-compliance.​​

Exemptions and legitimate uses

Exemptions from specified retail restrictions support continued access for legitimate uses, including:

  • Food and beverage industry: Businesses using nitrous oxide in food preparation, such as whipped cream dispensers, can continue purchasing but must provide proof of business operations.
  • Medical, automotive and industrial use: Eligible businesses and professionals can continue to access nitrous oxide for legitimate purposes, subject to the applicable requirements.
  • Wholesale supply: Wholesalers can continue supplying businesses under the new recordkeeping requirements.​

Frequently asked questions

How do I know if my business is exempt?

If you are a wholesaler or food or beverage business, you may be eligible for an exemption. However, you must provide appropriate documentation.

Medical, automotive and industrial uses may be exempt from specified retail restrictions. Applicable documentation and recordkeeping requirements must still be met.

Can I still buy nitrous oxide for my restaurant or café?

Yes, but you must provide business credentials, such as an Australian business number (ABN) or licence number, when purchasing from a supplier.

What should I do if a customer refuses to comply with the rules?

If a customer challenges the new regulations, politely inform them that the laws are statewide and apply to all retailers. If necessary, refer them to this webpage for more details. More guidance on responding to customers is provided in the retailer fact sheet.

What retailers need to do

To comply with the new legal requirements, retailers must:

  • Train staff on the new regulations and ensure they check identification for people who look under 18.
  • Adjust sales practices to meet the new purchase limits and restricted sale hours.
  • Ensure proper storage by keeping nitrous oxide products and packaging out of public view.
  • Inform customers about the changes by displaying the downloadable point-of-sale signage​ in their store.

Consultation process

The regulation was informed by an extensive consultation process involving retailers, industry representatives, health organisations, government agencies, community members and people with lived and living experience. This included a public consultation through the NSW Government's Have Your Say website, targeted consultation on draft regulatory proposals and a stakeholder roundtable to help ensure the new regulations are practical, proportionate and effective.

A summary of the consultation process, stakeholder feedback and how it informed the final regulation is available in the Consultation Summary .

You can also view the original Have Your Say consultation page for further information about the consultation process.

The new requirements have been designed to reduce opportunities for misuse while maintaining access for legitimate business, medical and industrial purposes.​


More information

For more details on the new nitrous oxide regulations and how to comply, visit the following resources:

Legislation

Compliance

  • Retailer Fact Sheet​: Practical guidance for retailers and wholesalers on ​how to meet the new legal requirements.
  • Point-of-sale signage​: Download signage to display in retail premises to help inform customers about the new requirements and support staff when refusing unlawful sales.

Consultation

Support

If you or someone you know is concerned about nitrous oxide or other drug use, confidential information, advice and referral services are available.

  • Alcohol & Drug Information Service (ADIS): Confidential 24-hour information, support and referral for people concerned about alcohol or other drug use. Call 1800 250 015 or visit the ADIS webpage for more information.
  • Your Room: Nitrous oxide information: Health information and harm reduction advice about nitrous oxide use.
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Current as at: Friday 9 October 2026