HR 7945 Markup Scheduled – Nitrous Oxide Safety Act

The Subcommittee on Commerce, Manufacturing, and Trade of the House Energy and Commerce Committee is scheduled to hold a business meeting today that will look at 12 bills, including HR 7945, the Nitrous Oxide Safety Act of 2026. That bill would establish that, with certain specified exceptions, a consumer product containing nitrous oxide (NO2) is a banned hazardous product under 15 USC 2057. No new funding is authorized. 

According to a Committee Staff memorandum published last Friday: 

“This bill prohibits any consumer product that contains nitrous oxide under section 8 of the Consumer Product Safety Act. The bill contains exceptions for certain products used in the course of medical or dental treatment and research and development.” 

That description overlooks the provisions of §2(b)(1)(B) which also excepts “commercial production of food or food products, including in a manufacturing setting or commercial kitchen”. Unfortunately, there is no mention in the bill of the use of nitrous oxide as a horsepower enhancer for internal combustion engines.