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Supervisors back countywide ban on retail nitrous oxide canisters to curb youth use and litter

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Summary

The board unanimously approved a resolution directing public health to draft an ordinance limiting retail sales of nitrous oxide canisters ("whippets") and to use tobacco enforcement channels to support compliance and education.

Mendocino County supervisors unanimously adopted a resolution on Tuesday directing the county's Public Health Department to draft an ordinance to limit the retail sale and distribution of nitrous oxide canisters (commonly called "whippets").

Sponsor Supervisor Klein said the item grew out of a municipal advisory council (MAC) request from Redwood Valley because residents were finding large amounts of spent canisters littering trails and neighborhoods. "If you go into gas stations in the unincorporated areas, you'll find flavored and colorful whippets definitely targeted towards youth," she said.

Public Health Director Dr. Janine Miller told the board the department supports an ordinance and proposed tying enforcement to the county's existing tobacco-retailer compliance program. "We do believe that we can tie this into our tobacco program and, when we go out on our tobacco stings, we can go ahead and add in the whippets as part of our tobacco stings," Miller said. County public health and emergency staff, and a retired public health officer who spoke to the board, cited medical harms including B12 disruption, neuropathy and potential cognitive effects; a veteran emergency physician also asked supervisors to visit the hospital to see patients who present with neurological problems after nitrous use.

The board asked staff to draft an ordinance that would include age-verification requirements, point-of-sale restrictions and retailer education; staff said they would model an approach on the City of Ukiah's existing prohibition and work with other incorporated cities to coordinate enforcement. Several speakers from Redwood Valley and the county supported the ordinance, while staff acknowledged online sales and sales on tribal lands could complicate enforcement.

The resolution passed by unanimous vote; staff said they will draft implementing ordinance language and return to the board for formal adoption. A county attorney will review enforcement language and fines, and Public Health said it would partner with the county tobacco program for compliance checks and education.

Why it matters: Supervisors cited teenage and public-health concerns, public litter and local incidents tied to nitrous use. The board prioritized prevention and a coordinated enforcement path tied to the county's tobacco compliance program.

What's next: Public Health will draft an ordinance for board review and consider enforcement mechanisms and penalties; staff will consult with county counsel and local retailers as the draft is developed.