,,ii #aaith ,,congress #b;d ,session ,s4 #diig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjbf,mr4 ,wyden 7for himself1 ,mr4 ,blumenthal1 and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to set forth requirements for the regulation by the ,food and ,drug ,administration of nitrous oxide products1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nitrous ,oxide ,inhalation ,prevention ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purpose4,sec4 #c4 ,requirements with respect to nitrous oxide products4,sec4 #d4 ,nitrous oxide harm reduction and misuse prevention4,sec4 #e4 ,rulemaking and interagency coordination4,sec4 #f4 ,authorization of appropriations4 #b4 ,purpose ,the purpose of this ,act is to prevent misuse of nitrous oxide while preserving access to such substance for legitimate and essential uses4 #c4 ,requirements with respect to nitrous oxide products 7a7 ,in general ,subchapter ,e of chapter ,v of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;bbb et seq47 is amended by adding at the end the following3 #efi;,e4 ,requirements with respect to nitrous oxide products 7a7 ,in general ,the ,secretary shall establish requirements with respect to nitrous oxide products1 consistent with this section4 ,no person may introduce or deliver for introduction into interstate commerce1 manufacture1 sell1 or distribute any nitrous oxide product that does not meet the requirements of this section4 7b7 ,nitrous oxide product defined 7#a7 ,in general ,for purposes of this section1 the term nitrous oxide product means any product containing nitrous oxide1 subject to paragraph 7#b74 7#b7 ,exceptions 7,a7 ,exclusion of topping canisters ,such term does not include any canister of aerosol whipped cream or whipped dairy or non-dairy topping1 provided that the product is not marketed1 labeled1 or distributed in a manner promoting inhalation for the purpose of achieving a euphoric1 psychoactive1 or intoxicating effect4 7,b7 ,exclusion for certain regulated products ,such term does not include any product regulated by the ,food and ,drug ,administration as a drug for medical or dental purposes4 7c7 ,packaging and labeling ,the ,secretary shall establish requirements with respect to the packaging and labeling of nitrous oxide products1 including-- 7#a7 a prohibition on packaging or labeling of such products that is brightly colored or contains cartoon characters or mascots2 and 7#b7 requiring warning labels on such products1 including each individual #h-;gram cartridge containing nitrous oxide1 covering at least #bj percent of the principal display panel1 stating the following3 ,,warning3 ,inhalation of nitrous oxide for non-medical purposes can cause brain injury1 suffocation1 and death4 ,if inhaled1 call ,poison ,control at #a-hjj-bbb-abbb44 7d7 ,product restrictions 7#a7 ,ban on flavoring ,no flavored nitrous oxide product may be introduced or delivered for introduction in interstate commerce4 7#b7 ,size restriction ,no nitrous oxide product for food use shall contain more than #h grams of nitrous oxide by weight4 ,nothing in this paragraph shall affect nitrous oxide canisters for any legitimate medical1 dental1 industrial1 or automotive use4 7e7 ,sales restrictions 7#a7 ,age and time restrictions 7,a7 ,in general ,no person may sell or transfer a nitrous oxide product to any individual under #ba years of age4 7,b7 ,in-person retailer requirements ,the ,secretary shall promulgate regulations regarding the sale of nitrous oxide products to consumers in-person1 including requirements that retailers-- 7i7 verify the age of consumers through government-issued photo identification to ensure that consumers meet the age requirement under subparagraph 7,a72 and 7ii7 not sell any nitrous oxide products1 except for nitrous oxide products intended for a legitimate medical1 industrial1 or automotive use1 at retail stores between the hours of #aj3jj p4m4 and #e3jj a4m4 7,c7 ,delivery sellers 7i7 ,in general ,the ,secretary shall promulgate regulations regarding the sale of nitrous oxide products in accordance with this subparagraph4 7ii7 ,requirements ,a delivery seller who mails or ships nitrous oxide products-- 7,i7 shall not sell1 deliver1 or cause to be delivered any nitrous oxide products to a person under the minimum age required under subparagraph 7,a72 7,,ii7 shall use a method of mailing or shipping that requires-- 7aa7 the purchaser placing the delivery sale order1 or an adult who is at least the minimum age required under subparagraph 7,a7 for the sale or transfer of nitrous oxide products to sign to accept delivery of the shipping container at the delivery address2 and 7bb7 the person who signs to accept delivery of the shipping container to provide proof1 in the form of a valid1 government-issued identification bearing a photograph of the individual1 that the person is at least the minimum age required under subparagraph 7,a7 for the legal sale or transfer of nitrous oxide products2 and 7,,iii7 shall not accept a delivery sale order from a person without obtaining the full name1 birth date1 and residential address of that person4 7iii7 ,limitation ,no database being used for age and identity verification under clause 7ii77,,iii7 shall be in the possession or under the control of the delivery seller1 or be subject to any changes or supplementation by the delivery seller4 7#b7 ,sales location restrictions ,each retailer of nitrous oxide products shall-- 7,a7 store all such products in a locked or restricted-access area2 and 7,b7 ensure that such products are not visible to the public in any retail stores4 7#c7 ,limits on purchase amounts ,the ,secretary shall establish a limit on the amount of a nitrous oxide product that individual consumers may purchase4 7#d7 ,wholesalers ,wholesalers of nitrous oxide products shall not sell such product to individual consumers4 4 7b7 ,penalties ,section #cjc7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7;f77 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a7-- 7i7 in the first sentence-- 7,i7 by striking or 7#i7 and inserting 7#i71 or 7#aj72 and 7,,ii7 by inserting or no-nitrous-oxide-product-sale order1 as applicable1 after no-tobacco-sale order2 and 7ii7 in the second sentence1 by inserting or no-nitrous-oxide-product-sale order after no-tobacco-sale order2 7,b7 in subparagraph 7,b71 in the second sentence1 by inserting or nitrous oxide products1 as applicable1 after tobacco products2 7,c7 by inserting or no-nitrous-oxide-product-sale order after no-tobacco-sale order each place it appears in subparagraphs 7,b7 and 7,d72 and 7,d7 in subparagraph 7,c71 by striking or 7#i7 and inserting 7#i71 or 7#aj72 7#b7 in paragraph 7#f71 by inserting or a no-nitrous-oxide-product-sale order after no-tobacco-sale order each place it appears2 and 7#c7 by adding at the end the following3 7#aj7 ,penalties for violation of nitrous oxide product requirements 7,a7 ,in general ,in the case of a person who violates a requirement of section #efi;,e1 a civil monetary penalty described in subparagraph 7,b7 shall be assessed1 or a no-nitrous-oxide-product-sale order may be imposed by the ,secretary by an order made on the record after opportunity for a hearing provided in accordance with subparagraph 7,c7 and section #eed of title #e1 ,united ,states ,code4 7,b7 ,civil monetary penalties 7i7 ,manufacturers and distributors ,in the case of a manufacturer or distributor of a nitrous oxide product who violates a requirement of section #efi;,e with respect to manufacturing1 labeling1 packaging1 distributing1 or introducing into interstate commerce such a product1 such manufacturer or distributor shall be subject to a civil monetary penalty in an amount not to exceed #ba1cdh for each such violation4 7ii7 ,retailers and delivery sellers ,in the case of a retailer or delivery seller of a nitrous oxide product who violates a requirement of section #efi;,e with respect to the sale or offering for sale of such a product1 such retailer or delivery seller shall be subject to civil monetary penalties as follows3 7,i7 ,in the case of a first such violation1 no civil monetary penalty shall apply1 and the ,secretary shall issue a warning letter4 7,,ii7 ,in the case of a second such violation within any #ab-month period1 such retailer or delivery seller shall be subject to a civil monetary penalty in an amount not to exceed #cef4 7,,iii7 ,in the case of a third such violation within any #bd-month period1 such retailer or delivery seller shall be subject to a civil monetary penalty in an amount not to exceed #gji4 7,,iv7 ,in the case of a fourth such violation within any #cf-month period1 such retailer or delivery seller shall be subject to a civil monetary penalty in an amount not to exceed #b1hdf4 7,v7 ,in the case of a fifth or each subsequent such violation within any #dh-month period1 such retailer or delivery seller shall be subject to a civil monetary penalty in an amount not to exceed #ad1bcb4 7,,vi7 ,no such retailer or delivery seller shall be subject to a total amount of civil monetary penalties under this clause that exceeds #ajj1jjj1 for all violations of section #efi;,e adjudicated in a single proceeding4 7,c7 ,no-nitrous-oxide-product-sale order ,prior to the entry of a no-nitrous-oxide-product-sale order against a manufacturer1 distributor1 retailer1 or delivery seller under this paragraph1 such manufacturer1 distributor1 retailer1 or delivery seller shall be entitled to a hearing pursuant to the procedures established through regulations of the ,food and ,drug ,administration for assessing civil money penalties1 including1 at the request of such person1 a hearing by telephone1 or at the nearest regional or field office of the ,food and ,drug ,administration1 or at a ,federal1 ,state1 or county facility within #ajj miles from the location of an establishment of the manufacturer1 distributor1 retailer1 or delivery seller if such a facility is available4 4 #d4 ,nitrous oxide harm reduction and misuse prevention ,part ,p of title ,,iii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g et seq47 is amended by adding at the end the following3 #cii,v-#h4 ,nitrous oxide harm reduction and misuse prevention 7a7 ,in general ,the ,secretary shall award grants to eligible entities for purposes of carrying out programs to reduce use of nitrous oxide for the purpose of achieving a euphoric1 psychoactive1 or intoxicating effect4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall-- 7#a7 be a nonprofit organizations1 law enforcement agency1 emergency department1 poison control center1 school1 outreach program1 community center1 mental health facility1 public health department1 current recipient of ,drug-,free ,communities ,program funding under section #ajcb of the ,anti-,drug ,abuse ,act of #aihh1 or other entity1 as the ,secretary determines appropriate for the purpose of this section2 and 7#b7 submit an application to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,use of funds ,eligible entities may use funds received under this section to conduct-- 7#a7 targeted education campaigns warning of the dangers of use of nitrous oxide for the purpose of achieving a euphoric1 psychoactive1 or intoxicating effect2 7#b7 community-based prevention and youth outreach programs2 and 7#c7 training programs for law enforcement1 emergency departments1 and poison control centers on identifying and responding to nitrous oxide misuse4 4 #e4 ,rulemaking and interagency coordination 7a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 in consultation with the ,consumer ,product ,safety ,commission and the ,federal ,trade ,commission1 shall issue regulations to carry out section #efi;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by section #c4 7b7 ,annual reporting ,not later than ,october #ca1 #bjbg1 and annually thereafter1 the ,secretary of ,health and ,human ,services1 in consultation with the ,commissioner of ,food and ,drugs1 shall submit a report on enforcement actions1 public health outcomes1 and recommendations for policy updates relating to the regulation of nitrous oxide products1 as defined in section #efi;,e of the ,federal1 ,food1 ,drug1 and ,cosmetic ,act1 as added by section #c1 including pursuant to section #efi;,e of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7as added by section #c71 to-- 7#a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate2 and 7#b7 the ,committee on ,energy and ,commerce and the ,committee on the ,judiciary of the ,house of ,representatives4 #f4 ,authorization of appropriations ,to carry out this ,act1 including the amendments made by this ,act1 there are authorized to be appropriated such sums as may be necessary for each of fiscal years #bjbg through #bjcf4