Information for purchasers
The changes do not impact access to nitrous oxide for select businesses (approved recipients). You can continue to purchase nitrous oxide products if you are:
- registered food businesses
- selected businesses with a liquor licence
- schools and other educational institutions
- cooking school businesses.
Medical, engineering, and automotive use of nitrous oxide are not affected. Food products with nitrous oxide already added to the food are also excluded.
Children under 16 may not be supplied with nitrous oxide in Schedule 6, and any person over 16 purchasing nitrous oxide must also be in a category of approved recipients.
Approved recipients
Registered food businesses
Food businesses in Western Australia must be registered with their Local Government, or the Western Australia Department of Health. Registered food businesses include retailers and manufacturers, such as:
- cafes
- restaurants
- retail food outlets
- mobile food vans
- caterers
- canteens
- hospitals and aged care facilities
- residential homes where food is prepared for sale
- food manufacturers.
More information about food business registration.
Businesses with a liquor licence
Businesses with a liquor licence that prepare alcoholic beverages for on-site consumption (bars, pubs and clubs) can purchase nitrous oxide for food and beverage use.
Liquor stores that supply packed liquor are not able to purchase nitrous oxide for retail supply to consumers.
Educational and training institutions
Government schools, non-government schools, colleges and universities can purchase nitrous oxide for educational use.
Cooking school businesses
This includes registered businesses and sole traders who carry on a business of providing cooking education and training. Suppliers must be satisfied that the quantity supplied is appropriate for the business.
Automotive nitrous oxide
Automotive grade nitrous oxide products have been regulated as Schedule 6 poisons since 1 October 2022.The new regulations will not impact the sale of automotive grade nitrous oxide.
Automotive nitrous oxide intended for enhanced engine performance will continue to be available for purchase by anyone (aged 16 years or older), providing the product is denatured with sulphur dioxide, to discourage inhalation.
Products that can be purchased
Nitrous oxide products can only be purchased in small canisters (bulbs) of 10 grams (10g) or less. Products must be labelled in accordance with Part 2 of the Poisons Standard. The sale and supply of larger canisters (cylinders) over 10g is prohibited.
The supplier may only provide a reasonable amount (quantity) for the intended purpose. Oversupplying could be in breach of Section 15(2) of the Medicines and Poisons Act 2014, by supplying Schedule 6 nitrous oxide in a manner that poses a serious threat to health, safety, and welfare.
Evidence required to purchase nitrous oxide
When purchasing nitrous oxide, a person will need to provide evidence that they are an approved recipient.
Evidence includes:
- copy of food business certificate
- copy of liquor licence certificate for a business that prepares alcohol beverages on site
- copy of business registration.
This evidence must be provided for one-off, over the counter, or cash sales. For online or telephone orders, evidence must be provided when setting up an account.
The supplier may also ask for ID to confirm a person is a staff member of the business, or of the minimum age.
Purchasing limits for approved recipients (purchasers)
The supplier may only provide a reasonable amount for the intended purpose. Oversupplying could be in breach of Section 15(2) of the Medicines and Poisons Act 2014, by supplying Schedule 6 nitrous oxide in a manner that poses a serious threat to health, safety, and welfare.
More information
For more information regarding the regulation of nitrous oxide products contact the Medicines and Poisons Regulation Branch at:
If someone is experiencing numbness or tingling in hands or feet when not intoxicated/under influence seek medical attention.
In an emergency call 000 or visit your local emergency department.
If you, or someone you know is affected using nitrous oxide or other substances, you can get help.
Last reviewed: 22-10-2024