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New law sparks confusion over whipped cream sales

A NYS Senator clarifies that you will not be carded when buying whipped cream, but you do need to be 21+ to buy nitrous oxide cartridges.

QUEENS, N.Y. — QUEENS, N.Y. -- There is a relatively new law in New York State restricting who can buy whipped cream chargers - the cartridges filled with nitrous oxide used in whipped cream dispensers.

This law went into effect back in November and bans people who are under 21 from buying them.

But there was a lot of confusion over the past week after various news outlets ran stories about regular whipped cream being something you'd be carded for, which is not the case.

The State Senator who came up with the legislation had to put out a press release on Monday clarifying that the new law only applies to the cartridges.

"Kids were basically popping them and taking the noxious oxide out. Just to be clear, this is the two inch cartridge that goes into a canister. So the intent of the bill is to outlaw this or ban this. Never, never the whipped cream canister that you would buy in a store," said NYS Senator Joseph Addabbo, Jr.

So again, this won't apply to you if you're going to the grocery store to buy regular whipped cream.

"At least locally it's working. My concern was statewide how it was misinterpreted. Yes, a minor can buy a Reddi-wip or whipped cream canister. They do not have to be ID'd. That's not the intent of the bill. That's not what the focus was," said State Senator Joe Addabbo.

And the cartridges aren't banned for everyone, just people under 21. If a store is caught selling whipped cream cartridges to someone who is underage, it could be fined up to $250 the first time and up to $500 every time after that.

Here is the press release issued by Addabbo on Monday afternoon:

ADDABBO CLEARS CONFUSION ON WHIPPITS BILL 

 

Queens, NY (August 29, 2022) Recently, there have been questions raised about a state law based upon my bill S.2819A, which bans the sale of whipped cream chargers or cartridges to anyone under 21 years old. There has been a misinterpretation of the language and intent of the bill. My bill is not intended to prevent people under the age of 21 from buying whipped cream dispensers, but the small, individual charger or cartridge inside the whipped cream canisters that is the target of this law.

The bill language specifically reads, “the term ‘whipped cream charger’ shall mean a steel cylinder or cartridge filled with nitrous oxide (N2O) that is used as a whipping agent in a whipped cream dispenser.” The language also states, “No person, corporation, partnership, limited liability company, firm or any other business entity doing business within this state shall sell or offer for sale a whipped cream charger to any person under the age of twenty-one.” 

These two-inch, steel cylinders contain the nitrous oxide that is dangerous when inhaled directly. They can be sold individually or in packs as refills to recharge whipped cream canisters. It is the individual charger or cartridge that is the sole target of the bill, which are accessible to younger residents and being used improperly to get the nitrous oxide high.

The empty chargers or cartridges could be found littered in areas of my district and many other communities across the state, and people have called my office directly to ask me to do something about this issue. Since the law went into effect there have been less sightings of the discarded whippit chargers or cartridges in the streets in my district.

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