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Nitrous Oxide: Misuse

Asked by Steve BarclayConservativeDepartment for Environment, Food and Rural AffairsTabled Answered 18 June 2026UIN 9326

The question

To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment she has made of the potential impact of the misuse of nitrous oxide canisters sold for catering purposes on the environment; and if she will consider introducing a deposit-return scheme for such canisters to reduce littering and deter recreational misuse.

Answered by Mary Creagh

No assessment has been made of the potential impact of the misuse of nitrous oxide canisters on the environment and we are not considering a deposit return scheme for such canisters.

It’s an offence to illegally dispose of nitrous oxide cannisters. Local councils have legal powers to take enforcement action against offenders. Anyone caught littering nitrous oxide canisters may be prosecuted in a magistrates’ court, which can lead to a criminal record and a fine of up to £2,500 on conviction. Instead of prosecuting, councils may decide to issue a fixed penalty (on-the-spot fine) of up to £500.

Guidance to councils and others on the use of their fixed penalty powers for littering and related offences is available at: Litter enforcement powers - when and how to use them - GOV.UK

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