Pubdate: Thu, 14 Apr 2005
Source: Press, The (New Zealand)
Copyright: 2005 The Christchurch Press Company Ltd.
Contact:  http://www.press.co.nz/
Details: http://www.mapinc.org/media/349
Author: Kim Thomas

IMPORTER TO PULL PLUG ON FLOW OF NOS

One of New Zealand's biggest nitrous oxide importers will stop the flow of 
hundreds of thousands of canisters a month after the ruling it is illegal 
to buy or sell the substance to inhale.

Southern Hospitality Purchasing officer Paul Gell said 90 per cent of the 
company's market for nitrous oxide - or nos - was being used for 
non-catering purposes, and it would stop importing "for demand" after the 
Crown Law ruling this week.

A Government review of existing laws, initiated as a way to curb nitrous 
oxide use, found it was illegal to sell and buy nitrous oxide to inhale.

While many nitrous oxide suppliers, retailers and users were in the dark 
yesterday about the implications of the ruling, Christchurch stores selling 
the product were consulting their lawyers.

Ministry of Health and police representatives would meet this week to 
hammer out the details of how to enforce the law, educate store owners and 
make concessions for those needing the substance for legitimate use, 
Associate Health Minister Jim Anderton said.

Anderton, who has championed the curbing of nitrous oxide use, announced 
the outcome of the review on Monday, saying nitrous oxide was classified as 
a prescription medicine and therefore could not be sold without a prescription.

Southern Hospitality had imported hundreds of thousands of canisters a 
month over the last year to meet a burgeoning demand as stores selling nos 
in canisters or from balloons had sprung up around the country, Gell said.

"It's been a moral issue in the past, but now it's a legal one, so we'll 
only import thousands a month for legitimate reasons," he said.

"I can't say I will be sorry to see the back of the product."

A spokesman for another company supplying nitrous oxide to the catering 
industry, who did not want to be named, said in the past it had turned a 
blind eye to how the product was used after sale.

"We sell it, we don't know who ends up using it - whether it's catering 
companies for whipping cream or in nos bars," he said.

If it came to the company's attention its product was being used for 
non-catering purposes, it would discontinue supply, he said.

Some Christchurch nos retailers told The Press they were consulting lawyers 
over whether there were grounds for an appeal against the Crown Law ruling. 
A survey of stores around the city found all were conducting "business as 
usual" until they had further legal advice.

Castle of Magic manager Tony Shipley confirmed his store would stay open 
pending legal advice.

As news of the ruling spread yesterday, hundreds of concerned users 
contacted retailers to find out whether the substance would be available in 
the future.

Christchurch City councillor Bob Shearing, who this month urged the council 
to take action against nos bars, said he looked forward to prosecutions 
following the ruling.

Health Ministry chief public health adviser Dr Ashley Bloomfield said the 
ministry and police planned to meet soon to discuss operational issues, 
including how enforcement would be handled, suitable ways of educating 
retailers about the new interpretation, and an appropriate timeframe for 
moving to more active enforcement.

Anderton said he had heard that several nos retailers would try to flout 
the ruling by erecting signs urging buyers to use the substance only for 
whipping cream.

"We all know they are not going to be rushing home to make cream sponges. 
If people try to play hard and fast against this they will end up 
explaining themselves in court," Anderton said.
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MAP posted-by: Beth