Retail sale of nitrous oxide
The bill requires a retailer who sells at retail nitrous oxide to require every person who purchases nitrous oxide in this state from the retailer to complete and sign a nitrous oxide purchase statement. The Department of Public Safety must make a purchase statement available at no charge on its internet web site and also must furnish the purchase statement to retail sellers of nitrous oxide upon request. The Director of Public Safety must determine the form and contents of the purchase statement, which must include at a minimum the name and address of the retailer, the name and address of the purchaser, the date of the retail sale, the amount of nitrous oxide sold to the purchaser, and any other information the Director determines should be included on the statement. The statement also must include the following language in 12-point boldface type:
"I will not use nitrous oxide in any motor vehicle that I operate on any public road, street, or highway in the state of Ohio. I understand that street racing on the public roads, streets, and highways of Ohio is illegal and punishable by a fine, a jail term or prison term, suspension of a person's driver's or commercial driver's license, and criminal forfeiture of any vehicle involved in a street race."
The purchase statement language must conclude with the following 14-point boldface type:
"I understand that if I purchase nitrous oxide and use it in a motor vehicle that I operate on a public road, street, or highway in the state of Ohio, I may be subject to prosecution for the crime of falsification, a misdemeanor of the first degree, and may be subject to prosecution for other criminal offenses as well."
The bill requires a retail seller to retain every nitrous oxide purchase statement for a period of not less than two years from the date of the retail sale that generated the purchase statement.
The bill also prohibits a person who purchases nitrous oxide at retail in this state from using it in a motor vehicle that the person operates on a public road, street, or highway in this state. Whoever violates this prohibition is guilty of falsification, a misdemeanor of the first degree. (R.C. 4511.253.)
The bill requires a retailer who sells at retail nitrous oxide to require every person who purchases nitrous oxide in this state from the retailer to complete and sign a nitrous oxide purchase statement. The Department of Public Safety must make a purchase statement available at no charge on its internet web site and also must furnish the purchase statement to retail sellers of nitrous oxide upon request. The Director of Public Safety must determine the form and contents of the purchase statement, which must include at a minimum the name and address of the retailer, the name and address of the purchaser, the date of the retail sale, the amount of nitrous oxide sold to the purchaser, and any other information the Director determines should be included on the statement. The statement also must include the following language in 12-point boldface type:
"I will not use nitrous oxide in any motor vehicle that I operate on any public road, street, or highway in the state of Ohio. I understand that street racing on the public roads, streets, and highways of Ohio is illegal and punishable by a fine, a jail term or prison term, suspension of a person's driver's or commercial driver's license, and criminal forfeiture of any vehicle involved in a street race."
The purchase statement language must conclude with the following 14-point boldface type:
"I understand that if I purchase nitrous oxide and use it in a motor vehicle that I operate on a public road, street, or highway in the state of Ohio, I may be subject to prosecution for the crime of falsification, a misdemeanor of the first degree, and may be subject to prosecution for other criminal offenses as well."
The bill requires a retail seller to retain every nitrous oxide purchase statement for a period of not less than two years from the date of the retail sale that generated the purchase statement.
The bill also prohibits a person who purchases nitrous oxide at retail in this state from using it in a motor vehicle that the person operates on a public road, street, or highway in this state. Whoever violates this prohibition is guilty of falsification, a misdemeanor of the first degree. (R.C. 4511.253.)
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