Information for suppliers

The new regulations apply to all sales and supplies of nitrous oxide in Western Australia – including retail and wholesale premises, as well as online suppliers.

What products can be supplied?

Food additive nitrous oxide products can only be sold in small canisters (bulbs) of 10 grams or less. Products must be labelled in accordance with Part 2 of the Poisons Standard. The sale and supply of larger canisters (cylinders) is prohibited.

Suppliers may only provide a reasonable amount of nitrous oxide 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.

Who can supply nitrous oxide?

The new regulations apply to all sales and supplies of Schedule 6 nitrous oxide products in Western Australia.

The new regulations restrict which end-users can be supplied with Schedule 6 nitrous oxide. A record must be kept for all supplies, including between manufacturers, wholesalers and retailers.

Who can nitrous oxide be supplied to?

Under the new regulations, food additive nitrous oxide products are only accessible to:

• registered food businesses
• selected businesses with a liquor licence
• schools and other educational institutions
• cooking school businesses.

Suppliers need to ensure the purchaser is authorised to purchase nitrous oxide. To do this, a supplier must obtain evidence from each purchaser, to verify that they are an approved recipient.  

Individual members of the public are no longer able to purchase nitrous oxide bulbs.

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.

What evidence is required to sell nitrous oxide?

Suppliers are required to obtain evidence from each purchaser, to show they are authorised to purchase nitrous oxide. Evidence includes:

• copy of food business certificate
• copy of liquor licence certificate
• copy of business registration.

This evidence must be provided when setting up an account or for one-off, over the counter, or cash sales. Suppliers may choose to retain a copy of the evidence, but it is not a requirement.

Monitoring of records and audit trail

When supplying nitrous oxide, you must keep a proper record of each occasion of supply.

Although it is not a requirement, you may consider retaining a copy of the purchaser’s authority to purchase as proof that you have reviewed it.

Reporting non-compliance

If you suspect a supplier is in breach of the regulations you can report it directly to the Medicines and Poisons Regulations Branch (MPRB.compliance@health.wa.gov.au or 9222 6883) or you can report it to Crime Stoppers by phoning 1800 333 000 or online at crimestopperswa.com.au.

Penalties will apply where there has been evidence found that a supplier has violated the conditions that permit the sale of nitrous oxide and the provisions found in the Medicines and Poisons Regulations 2016. The Department of Health can investigate suspicions of violations and if required, enact legal action based on evidence.

There are 3 types of offence that may result in penalties:

1. Supply of prohibited types of nitrous oxide or oversupply: up to $30,000 or $6,000 on the spot infringement.
2. Supply to unauthorised persons: up to $30,000 or $6,000 on the spot infringement.
3. Failing to keep a proper record of the supply of nitrous oxide under Schedule 6: $5,000 or $1,000 on the spot infringement.

The Department of Health may choose to issue on the spot infringements for suppliers who do not comply with the regulations. The alleged offender can either pay the modified penalty or opt to take the case to court for potential prosecution. Paying the modified penalty will not be regarded as an admission of guilt for the purposes of any civil or criminal court case.