NEW NSW NITROUS OXIDE RULES START 5 NOVEMBER: WHAT YOU NEED TO KNOW

From 5 November 2026, new rules apply to the sale of nitrous oxide in New South Wales under the Medicines, Poisons and Therapeutic Goods Regulation 2026.

AACS contributed to NSW Health’s 2024 consultation on these reforms, and NSW Health has now written to stakeholders confirming the final requirements. The aim is to cut misuse, particularly among young people, while keeping the product available for legitimate food, medical and industrial uses.

If you sell nitrous oxide in any of your NSW sites, here’s what changes.

The retail rules

These apply to in-store sales, direct online sales and sales through third-party platforms:

• No sales to under 18s. Photo ID is required to verify age.
• 10 gram container limit. You can’t sell nitrous oxide in a container holding more than 10g. Products must also meet labelling and packaging requirements under the Australian Poisons Standard.
• 250 gram daily limit. No customer can be supplied more than 250g in a single day.
• No sales between 10pm and 5am. This one is a big deal for 24-hour sites, so make sure your overnight staff know.
• No same-day delivery. Orders can’t be delivered on the day they’re received.
• Out of sight. Products and packaging can’t be stored anywhere visible to the public, whether from inside or outside the store.

What’s exempt

The rules don’t apply to nitrous oxide used for therapeutic purposes, nitrous oxide in containers designed to be mounted and used in a motor vehicle, or nitrous oxide supplied for industrial use by a full member of the Australia New Zealand Industrial Gas Association.

Different rules also apply to wholesale supply and supply to food businesses and liquor licence holders, including new record-keeping requirements. The 10g container limit still applies in those cases.

Compliance starts straight away

From 5 November, authorised officers can carry out compliance checks, request sales records and seize products that don’t meet the container size and product requirements. Financial penalties apply for breaches.

What to do now

• Check your stock and remove any product over 10g per container
• Move product and packaging out of public view
• Set up a POS block or lockout for 10pm to 5am if your system allows it
• Brief your team on ID checks and the 250g daily limit
• Review any online or delivery channels for same-day delivery

Fact sheets and more information are available at www.health.nsw.gov.au/nitrous.

If you have questions about how the changes affect your business, get in touch with the AACS team.