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'Whipped cream' bill misinterpreted, lawmaker says
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Law’s sponsor says stores misinterpreting ‘whipped cream’ bill

The state senator's office who sponsored the bill banning nitrous oxide canisters said it was a shock when they were informed about the recent enforcement of the law, which requires identification if you are over 21 to buy whipped cream

By Updated
Whipped cream is displayed in a refrigerator on Thursday, Aug. 25, 2022, at a grocery store in Bethlehem, N.Y. A new state law requires I.D. proving customers are 21 in order to purchase whipped cream due to the nitrous oxide cartridge inside the can that can be inhaled to get high.

Whipped cream is displayed in a refrigerator on Thursday, Aug. 25, 2022, at a grocery store in Bethlehem, N.Y. A new state law requires I.D. proving customers are 21 in order to purchase whipped cream due to the nitrous oxide cartridge inside the can that can be inhaled to get high.

Will Waldron/Times Union

Lay down your weapons, whipped cream enthusiasts — your cans of Reddi-Wip are likely safe

Identification checks and signs taped on fridges in stores warning against underage sales of whipped cream canisters are the results of a misinterpretation of a recent New York law, according to the bill’s sponsor.

Proposed by Sen. Joseph Addabbo (D-Queens), legislation prohibiting the sale of whipped cream chargers to those under the age of 21 was signed into effect last November. The law was meant to deter teenagers from improper use of the chargers to get high from inhaling the nitrous oxide gas that fills its interior. The popular recreational drug is known as "whippets." 

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But villainizing the dessert topping seems to be an unintended consequence of the legislation that was passed last year. Stores have recently begun asking for identification when consumers bring the whipped cream cans to the counter — and Addabbo said he wants to clear the treat’s name.

On Tuesday, the Attorney General’s office confirmed that the language of the bill indicates that it is the nitrous oxide chargers that are found inside of the canisters that are subject to proof of identification. These steel chargers can be purchased individually or in packs — often for industrial purposes — to use in preparing homemade whipped cream and other foods.

“It is the individual charger or cartridge that is the sole target of the bill, which are accessible to younger residents and being used improperly to get the nitrous oxide high,” Addabbo wrote in a statement clarifying the law’s intent.

Anthony Giudice, Addabbo’s press secretary, said he believes stores have begun enforcing the law incorrectly due to confusion surrounding the bill’s language. A press release noted that it was Addabbo's opinion that individuals and store owners misinterpreting the law was likely due to them being unaware that the nitrous oxide cartridges could be purchased separately at some local convenience stores. 

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Because of the easy access, teenagers in the region frequently purchased separate chargers to inhale nitrous oxide directly from the device. Addabbo’s office saw firsthand the rampancy of the inhalant while doing a neighborhood cleanup in Queens — where they found dozens of the used chargers scattered throughout the grass.

Since the legislation was passed last November, he said that the office has received no constituent complaints about finding the discarded chargers littering the neighborhood.  

“We understand the confusion and we’re hoping that this confusion sheds a new light on the important issues of inhaling nitrous oxide, especially for minors,” Giudice said.

He revealed that it was a shock when they were informed about the recent enforcement of the law in the Capital Region – and emphasized that the senator understands why consumers were up in arms when they believed that the office had declared a war on whipped cream.

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“It would be very difficult to get the nitrous oxide directly out of the whipped cream can because, by the time you’ve spent all of the whipped cream, there is not going to be much of the nitrous oxide left,” he added.

The New York Association of Convenience Stores then sent out a statement Wednesday that told its members they do not need to get identification for whipped cream purchases.

"It was initially unclear if this ban extended to whipped cream canisters. In order to be safe, many stores started requiring I.D. for whipped cream," the association said. "This morning the Senate sponsor, in consultation with the Attorney General's Office, confirmed that the age restriction only applies to the chargers and not to individual canisters."

A spokesperson for Price Chopper was not immediately available Wednesday to comment on the previously disclosed plans to update self-checkout machines with the age restriction starting Thursday.

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Melissa Manno is a Hearst Fellow. She graduated from Penn State University in 2022 with a bachelor’s degree in journalism and minors in geography and digital media trends and analytics. She is also the 2021 Hearst National Journalism Writing Champion. You can reach her at Melissa.Manno@express-news.net.