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 regulation 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, with a 6-month education and transition period to support suppliers to comply with the new rules.
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.
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.
Under the Medicines, Poisons and Therapeutic Goods Regulation 2026, the following restrictions apply in NSW:
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.
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 and other relevant agencies will undertake education, compliance and enforcement activities.
These regulations do not restrict legitimate industry use, including:
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 are exempt from this regulation.
Yes, but you must provide business credentials, such as an Australian business number (ABN) or licence number, when purchasing from a supplier.
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.
To comply with the new laws, retailers should:
For more details on the new nitrous oxide regulations and how to comply, visit the following resources:
If you or someone you know is concerned about nitrous oxide or other drug use, confidential information, advice and referral services are available.