Dan Durkee, Warren County public health administrator and emergency preparedness coordinator, told the Rules Committee he had been asked to research the sale and regulation of nitrous oxide after public concern about recreational use by young people.
Durkee said his inquiries showed mixed jurisdictional responsibility: local health inspectors at the Glens Falls branch “have no regulatory authority” over sales because the products are not covered under tobacco enforcement, and Attorney General and Ag & Markets staff do not appear to enforce the 21‑plus sales provision consistently.
"We would support any efforts to ban it, sale in tobacco, and vape shops, but we really do not know what capabilities we have as a local municipality at this point," Durkee said.
Why it matters: Committee members stressed that young people are becoming ill or worse from nitrous inhalation and that selling canisters labeled for culinary use creates a marketing loophole that local enforcement currently struggles to close.
Supervisor Weil said the county could try a local ordinance immediately: "Why don't we just create our own local law and see what happens?" County Attorney asked for time to review legal options and enforcement practicality, saying, "what I'm gonna ask the committee for is 30 days." That request was accepted.
The committee discussed interim steps short of ordinance drafting: a county letter condemning retail marketing practices; asking the county health association (NYSAC) and the New York State Association of County Health Officials to raise the issue at the state level; outreach to vape and tobacco retailers and local chambers of commerce; and sharing local examples such as Humboldt County's ordinance. Supervisors noted Louisiana has moved to ban retail sales statewide, and that New York Public Health Law (referred to in the meeting as "33 80") prohibits use for intoxicating purposes and includes a misdemeanor fine of $250 for some violations.
Discussion vs. decision: The committee did not adopt a local law at the meeting. The County Attorney and County Administrator were directed to research enforcement options, applicable state law, and municipal authority and report back within 30 days. Staff were also asked to explore a coordinated letter to state legislators and engagement with NYSAC and the New York State Association of County Health Officials.
Next steps and context: Administrators will return with legal analysis and recommendations at the next Rules Committee meeting; staff also offered to contact the statewide county health officials' association to ask whether the issue can be added to its docket. Members of the public left model legislation from Humboldt County with the committee for review.