(1) As used in this section, "nitrous oxide" means any of the following substances:
(a) N2O;
(b) Dinitrogen monoxide;
(c) Dinitrogen oxide;
(d) Nitrogen oxide;
(e) Butyl nitrite;
(f) Isobutyl nitrite;
(g) Secondary butyl nitrite;
(h) Tertiary butyl nitrite; or (i) Laughing gas.
(2) A retailer shall not sell, distribute, give away, or cause to be sold any device, canister, tank, or receptacle that either exclusively contains nitrous oxide or exclusively contains a chemical compound mixed with nitrous oxide.
(3) Nitrous oxide shall only be available for the uses as authorized by this subsection. This section shall not prohibit:
(a) The sale or distribution of medical gases that contain nitrous oxide by a wholesaler licensed by the Kentucky Board of Pharmacy;
(b) Any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a dentist or dental hygienist in accordance with KRS 313.060;
(c) The possession or use of nitrous oxide substances by a manufacturer as part of a manufacturing process or industrial operation;
(d) The possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products; or (e) The possession, use, or sale of nitrous oxide for automotive purposes.
(4) Any retailer that violates this section shall be subject to:
(a) A two thousand five hundred dollar ($2,500) fine to the owner of a retail establishment for a first citation issued for a violation of this section;
(b) A five thousand dollar ($5,000) fine to the owner of a retail establishment for a second citation issued for a violation of this section; and (c) Up to thirty (30) days in jail for a third citation issued for a violation of this section.
(5) Each citation shall be specific to the premises of the retailer where the violation occurred.