Duncan Smith (Dublin Fingal East, Labour)
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121. To ask the Minister for Environment, Community and Local Government if the environmental impacts of nitrous oxide canisters have been examined; and if he will make a statement on the matter. [48038/25]

Alan Dillon (Mayo, Fine Gael)
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Nitrous oxide has various legitimate uses, medical, non-medical and industrial, and because of its legitimate uses it is not controlled under the Misuse of Drugs Acts or under the International Drug Conventions. However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide.

The HSE and An Garda Síochána are aware of the issues surrounding nitrous oxide. The HSE is committed to increasing awareness of the health risks associated with substance misuse, including nitrous oxide, among young people, parents and youth organisations. Similarly, Revenue’s Customs Officers are aware of the misuse of nitrous oxide and are closely monitoring importations of the product into the State.

According to EU waste legislation, discarded pressurised containers of nitrous oxide should be classified and treated as hazardous waste. In addition, nitrous oxide is subject to an ongoing opinion process under the regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), which may result in restrictions prohibiting its sale above the relevant concentration limit to the general public.

Under the Waste Framework Directive, hazardous waste from households has to be separately collected from 1 January 2025. The Department is currently engaging with the local authority sector to ensure that there is an effective system in place to allow households to appropriately dispose of their hazardous waste in line with EU Waste Framework Directive requirements. Effective implementation of this measure, supported by EU Commission guidance, should contribute to reducing the presence of pressurised nitrous oxide containers in mixed municipal waste. The Commission has also stated that, if necessary following Member State implementation of the separate collection obligation for hazardous waste, they may consider additional measures to support the effective removal of nitrous oxide canisters from mixed municipal waste.