South Carolina S 751: Red Clay Strays

Bill Text

2025-2026 Bill 751 Text of Previous Version (May. 13, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 751

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Amended

May 13, 2026

S. 751

Introduced 
by Senators Sutton, Ott, Zell, Garrett and Walker 

S. Printed 5/13/26--H.

Read the first time March 11, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING 
SECTION 44-53-2510 SO AS TO DEFINE TERMS TO INCLUDE NITROUS OXIDE AND NITROUS 
OXIDE PRODUCTS; BY ADDING SECTION 44-53-2520 SO AS TO CREATE THE OFFENSE OF 
SELLING OR PROVIDING NITROUS OXIDE TO MINORS, AND TO PROVIDE PENALTIES, AND TO 
CREATE A CIVIL PENALTY FOR A MINOR THAT MISREPRESENTS HIS AGE TO ATTEMPT TO OR 
TO PURCHASE NITROUS OXIDE; BY ADDING SECTION 44-53-2530 SO AS TO CREATE A CIVIL 
PENALTY FOR RETAILERS THAT DISPLAY OR STORE NITROUS OXIDE IN A RETAIL LOCATION 
WHERE MINORS CAN ACCESS NITROUS OXIDE OR NITROUS OXIDE PRODUCTS; BY ADDING 
SECTION 44-53-2540 SO AS TO ESTABLISH EXCEPTIONS TO THIS ARTICLE FOR COMMERCIAL 
USE.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 
1. Chapter 53, Title 44 of the S.C. Code is amended 
by adding:

Article 25

Nitrous Oxide

 Section 
44-53-2510. As used in this article:

 (1) 
"Department" means the South Carolina Department of Public Health.

 (2) 
"Division" means the State Law Enforcement Division.

 (3) 
"Food" means any food, food product, food ingredient, dietary ingredient, 
dietary supplement, or beverage intended for human consumption.

 (4) 
"Nitrous oxide" means dinitrogen monoxide (N₂O) and any compound, liquid, gas, 
or chemical that contains nitrous oxide whether compressed, liquified, or 
contained in a cartridge, cylinder, tank, canister, or other vessel.

 (5) 
"Nitrous oxide products" means a cartridge, cylinder, tank, or other container 
that contain nitrous oxide.

 (6) 
"Characterizing flavor" means a distinguishable taste or aroma described by 
reference to a fruit, candy, dessert, beverage, mint, menthol, or any other 
flavor or aroma. 

 (7) 
"Flavored nitrous oxide product" means a nitrous oxide product that is labeled, 
advertised, marketed, or sold by reference to a characterizing flavor. 

 (8) 
"Exempt entity" means: 

 (a) 
a physician, dentist, veterinarian, hospital, clinic, or other licensed 
healthcare facility acting within the lawful scope of practice; 

 (b) 
a licensed commercial food and beverage business that holds a valid South 
Carolina retail food establishment permit or food service permit and uses 
nitrous oxide solely for legitimate culinary or beverage preparation in the 
ordinary course of business; 

 (c) 
an automotive business operating with a business license and with an authorized 
dealer or distributor agreement and having the primary purpose of providing 
automotive supplies and services and using nitrous oxide solely for a lawful 
automotive performance, testing, or competition purpose; 

 (d) 
an industrial or manufacturing business operating with a business license using 
nitrous oxide solely for lawful industrial or manufacturing purposes; 

 (e) 
an institute of higher education, laboratory, or research facility using 
nitrous oxide solely for scientific research or instruction; or

 (f) 
a governmental entity or emergency services agency acting within the scope of 
official duties. 

 (9) 
"Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver, 
offer for sale, or possess with intent to sell, furnish, give, distribute, 
provide, deliver, or offer for sale. 

 Section 
44-53-2520. (A) Except as 
provided in subsection (E), it is unlawful for an individual or a retailer to 
sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide 
products in this State.

 (B) 
Except as provided in subsection (E), it is unlawful for a person to possess 
nitrous oxide or a nitrous oxide product with the intent to sell or distribute 
in this State. 

 (C) 
A person may not possess, sell, market, or represent nitrous oxide for 
recreational inhalation. 

 (D)(1) It is unlawful for any person to 
sell, furnish, give, distribute, provide, deliver, offer for sale, or possess 
with intent to sell a flavored nitrous oxide product in this State. 

 (2) 
A person engaged in the sale of nitrous oxide or nitrous oxide products made 
through the internet or other remote sales methods shall perform an age 
verification through an independent, third-party age verification service that 
compares information available from public records to the personal information 
entered by the individual during the ordering process that establishes the 
individual is eighteen years of age or older, and shall use a method of 
mailing, shipping, or delivery that requires the signature of a person at least 
eighteen years of age