N.J. Admin. Code § 8:21-3.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:21-3.9 - Permit for nitrous oxide

(a) Every person or firm desiring to use or distribute nitrous oxide, except a duly licensed physician, dentist, veterinarian, nurse, hospital, sanitarium, or other medical institution, or a resident physician or intern of a hospital, sanitarium, or medical institution, and those buying or selling nitrous oxide for use in food preparation equipment or registered pursuant to N.J.S.A. 24:6G-1etseq., shall complete a permit application provided by the Department and provide the following information:

1. The name of the person or firm requesting the permit;

2. The address of the person or firm;

3. The telephone number of person or firm;

4. If the applicant is a natural person, a photocopy of proof of the applicant's age, such as a copy of a current driver license, recent passport, birth certificate or other identification that includes the date of birth of the applicant (original documentation shall not be submitted);

5. If the applicant is a non-publicly held non-natural person, a photocopy of proof of the applicant's owners' ages, such as a copy of a current driver license, recent passport, birth certificate or other identification that includes the date of birth of the applicant's owners (original documentation shall not be submitted);

6. The location at which the nitrous oxide is to be used;

7. The signature of person in charge of the location where the nitrous oxide is to be used;

8. The purpose for such use;

9. The name and address of the distributor from whom the nitrous oxide is to be obtained; and

10. Any other information as may be requested by the Department.

(b) The applicant shall submit with the permit application a nonrefundable fee of $ 25.00 by means of certified check or money order made payable to the Department of Health.

(c) Upon approval of the application, the Department shall issue a permit that shall expire two years from the date the permit is issued. A copy of the permit issued to the user shall be maintained by the distributor of the nitrous oxide for a period of two years.

(d) Those selling nitrous oxide for food preparation purposes shall require that the person purchasing the nitrous oxide show proof that they are at least 19 years of age before the sale is made.

(e) All sellers of nitrous oxide shall keep a record of all sales in conformance with 24:6G-3 to include the name and address of the buyer, permit number, date of sale, and amount of nitrous oxide. The permit number is not applicable for purchase of nitrous oxide for food preparation purposes.

(f) Every permit issued by the Department for the use or sale of nitrous oxide shall be valid only for the location listed in that permit and shall not be transferable.

(g) Every person or firm distributing or using nitrous oxide for either manufacturing or research purposes shall allow inspection of such permit by a public officer or employee engaged in the enforcement of this Act.

(h) A permit shall be issued for a period of two years.

N.J. Admin. Code § 8:21-3.9

R.1983 d.41, effective 2/22/1983.
See: 14 New Jersey Register 1190(a), 15 New Jersey Register 244(b).
Recodified from N.J.A.C. 8:21-3.25 and amended by R.2000 d.427, effective 10/16/2000.
See: 32 New Jersey Register 2386(a), 32 New Jersey Register 3831(a).
Rewrote the section. Former N.J.A.C. 8:21-3.9, Restrictions on sales of dangerous drugs, repealed.
Amended by R.2005 d.5, effective 1/3/2005.
See: 36 New Jersey Register 1155(a), 37 New Jersey Register 52(b).
Rewrote the section.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).