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 misuse has led to new regulations 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.

From 5 November 2026, retailers and suppliers are expected to comply with the new laws.

Authorised officers will be conducting compliance activities and may seize products that are sold in breach of the regulations. Authorised officers may also ask for records relating to the supply of nitrous oxide. Businesses should ensure that they have appropriate processes in place to meet the requirements and that staff understand the requirements. Information to help retailers and suppliers comply with the new requirements is set out below.

Why are these regulations being introduced?

While there are some legitimate uses for nitrous oxide, such as in food preparation, medical, industrial and automotive industries, nitrous oxide misuse has increased in recent years.

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.

New regulations aim to limit access to nitrous oxide for non-legitimate use while ensuring continued access for legitimate purposes.

These regulatory reforms were informed by an extens​ive consultation process involving retailers, industry representatives, health organisations, government agencies, community members and people with lived and living experience of nitrous oxide misuse.

The Consultation Summary outlines the consultation process, stakeholder feedback and how it informed the final regulation.

What are the new rules?

Under the Medicines, Poisons and Therapeutic Goods Regulation 2026, businesses that sell or supply nitrous oxide in NSW must comply with the requirements that apply to their activities.

Retail sales

When nitrous oxide is sold by retailers (directly to consumers), the following restrictions apply:

• Age restrictions: Nitrous oxide must not be sold to a person under 18 years of age. You should ask for photo identification to verify age.
• Container size limits and product standards: Nitrous oxide must not be sold in a container containing more than 10 grams of nitrous oxide. Products must also comply with applicable labelling and packaging requirements under the Australian Poisons Standard.
• Daily purchase limit: A person must not be supplied with more than 250 grams of nitrous oxide in a single day.
• Restricted sale hours: Nitrous oxide must not be sold between 10 pm and 5 am.
• No same-day delivery: Nitrous oxide must not be delivered on the same day that the order is received unless the sale occurs in person at the retail premises.
• No public display: Nitrous oxide products and their packaging must not be stored in a location where they are visible to members of the public, whether from inside or outside the premises.

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.

Please check the fact sheet on Implementing the new nitrous oxide regulations for more information about these requirements.

Wholesale supply or supply for food and drink-related purposes

Different requirements apply when nitrous oxide is supplied by a wholesaler or where nitrous oxide is supplied to a person carrying on a food business or a liquor licence holder for food and drink-related purposes.

Dealers in this category are also prohibited from selling nitrous oxide in containers containing more than 10 grams of the gas.

If the supply is a wholesale supply, or a supply to a food business or a liquor licence holder, the dealer is permitted to:

• Supply more than 250g of nitrous oxide to a purchaser in a day,
• Allow the purchaser to receive nitrous oxide at any time of day,
• Allow the purchaser to receive same-day deliveries of nitrous oxide,
• Give nitrous oxide to a person under 18 years of age if the person is an employee of a food business or a liquor licence holder or the purchaser

Dealers in this category are required to keep a record of the supply of nitrous oxide if any of the above conditions apply.

Please check the fact sheet on Nitrous oxide regulations for suppliers to food and beverage businesses for more information about these requirements.

Who do these regulations apply to?

The new rules apply to nitrous oxide when it is a Schedule 6 substance. The rules do not apply to nitrous oxide that is:

• used for therapeutic use, or
• kept in a container designed to be mounted and used in a motor vehicle, or
• supplied by a full member of the Australia New Zealand Industrial Gas Association for an industrial use.

The rules apply to dealers, which includes retailers, wholesalers, online sellers and businesses selling or distributing nitrous oxide within NSW. Specific requirements apply to wholesale supplies of nitrous oxide, and supplies to food and drink business, including additional recordkeeping requirements. Please check the fact sheet on maintaining records of nitrous oxide sales for more information about these requirements.

Penalties for non-compliance

Businesses or individuals who fail to comply with these regulations may face penalties of up to $11,000 for a corporation and $2,200 for an individual, per offence. NSW Health will undertake education, compliance and enforcement activities.

More information

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

Legislation

• Medicines, Poisons and Therapeutic Goods legislation update: Information about recent and upcoming changes to NSW medicines and poisons legislation.
• Medicines, Poisons and Therapeutic Goods Regulation 2026: View the newly published NSW regulation.

Compliance

• Fact sheet: Implementing the new nitrous oxide regulations: Practical guidance for retailers on how to meet the new legal requirements.
• Fact sheet: Nitrous oxide regulations for suppliers to food and beverage businesses: Practical guidance for dealers of nitrous oxide on restrictions and record-keeping 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

• Consultation summary: A summary of the consultation process, stakeholder feedback and how it informed the final regulations.
• Have Your Say consultation page: Information about the consultation process undertaken to inform the regulations.

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.