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for the use in food production or in a commercial kitchen, and/or commercial sale <br /> of nitrous oxide for the purpose of producing food products for commercial sale <br /> (e.g., whipped cream canisters). <br /> Sec. 10-902 - Prohibition on Sale or Distribution of Nitrous Oxide. <br /> Except as otherwise explicitly authorized by law or allowed under this article, it is unlawful <br /> for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person <br /> nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains <br /> any quantity of nitrous oxide. <br /> Sec. 10-903 - Exceptions to Prohibition. <br /> This article does not apply to the sale, attempt to sell, distribution, or other manner of <br /> providing nitrous oxide, or a device containing nitrous oxide, in the following exempt <br /> circumstances: <br /> (a) If the nitrous oxide is contained in a food product for use as a propellant. <br /> (b) If the nitrous oxide or device is being sold, attempted to be sold, offered, or <br /> distributed in a wholesale capacity, for uses similar to those described in <br /> subsection (d) of section 10-901. This exemption only applies if the wholesaler <br /> does not know or have reason to know that the recipient intends to use the nitrous <br /> oxide or device in violation of section 10-902. <br /> (c) If the nitrous oxide or device that is being sold, attempted to be sold, offered, or <br /> distributed is specifically designed for use in a vehicle to enhance the performance <br /> of the vehicle. <br /> (d) If the nitrous oxide is being sold, attempted to be sold, offered, or distributed <br /> specifically for the purpose of providing medical or dental care, by or at the <br /> direction and under the supervision of, a medical or dental practitioner licensed by <br /> the State of California and in accordance with all applicable rules and regulations. <br /> (e) If the nitrous oxide or device is being sold, attempted to be sold, offered, <br /> distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as <br /> defined by California Business & Professions Code§§ 4030, 4036, and 4037, as <br /> may be amended, in the course of their duties as a pharmacist or pharmacist <br /> intern, or wholesalers licensed by the Board of Pharmacy. <br /> (f) Or any other circumstances explicitly exempted under law. <br /> Any sales or distributions of Nitrous Oxide contemplated under this section shall comply <br /> with all documentation requirements set forth in California Penal Code §381 e. <br /> Sec. 10-904 - Violations and Penalties. <br /> Ordinance No. NS-3079 <br /> Page 3 of 5 <br />