Use of nitrous oxide for catering purposes to remain lawful

The use of nitrous oxide for catering purposes will “continue to be lawful” despite a wider ban, the government has confirmed.

A formal ban on ‘laughing gas’ was announced today (18 October) and possession of the substance will be illegal from 8 November.

Nitrous oxide is used in kitchens to produce foams and whipped cream and as an inert gas to fill packets of crisps or snack foods in the wider food industry.

The Home Office said the ban will make nitrous oxide a controlled Class C drug under the Misuse of Drugs Act 1971.

Repeat users of the substance could face up to two years in prison, while dealers could face up to 14 years.

Licences will not be required to carry nitrous oxide, but individual users will “need to demonstrate they are lawfully in possession" of the gas and "not intending to consume it for psychoactive effects”.

Legitimate producers and suppliers of nitrous oxide have also been urged to avoid being reckless with their provision of the substance.

Michael Kill, chief executive of the Night-time Industries Association (NTIA), said: “We welcome the announcement by the government today that nitrous oxide is set to be banned under new government legislation by the 8 of November, but recognise that this must work hand in hand with a much broader education and harm reduction strategy on drugs across the country.

“The burden on businesses has been substantial, as they’ve contended with mounting pressure from authorities and residents due to the proliferation of discarded silver canisters on the streets.”

Image Credit: Shutterstock/Maksym Fesenko