Eureka council introduces ordinance to curb sale of nitrous oxide, adds carve-out for commercial suppliers to restaurants

EUREKA, Calif. — The Eureka City Council on Oct. 21 voted 5-0 to introduce Bill 1050 CS, a local ordinance that would make it unlawful to sell, offer, distribute or provide nitrous oxide within city limits while preserving specific exemptions for medical use and prepackaged food products.

The proposed ordinance, introduced by Council Member Castellano with a carved-out exception for commercial vendors supplying restaurants and coffee shops, responds to local public-health and safety concerns about recreational nitrous oxide use, including emergency-room visits and at least one fatality cited during council discussion.

City Manager Slattery summarized the proposal to the council. “The ordinance itself prohibits the the sell, attempt to sell, offer, distribute, or provide nitrous oxide to any person,” Slattery said, adding that exemptions are written for medical purposes and prepackaged food-grade products (for example, commercially packaged whipped cream sold at grocery stores).

Why it matters

Council and public speakers described a pattern of flavored or single-use canisters being sold at tobacco and head shops that they say are being consumed by youth and others for intoxication. Council members…