Proposition 55K0390

Projet de loi modifiant la loi du 24 janvier 1977 relative à la protection de la santé des consommateurs en ce qui concerne les denrées alimentaires et les autres produits, visant à interdire la vente de cartouches métalliques contenant du protoxyde d'azote aux mineurs.

General information ¶

Authors

CD&V Nawal Farih, Bercy Slegers
MR Daniel Bacquelaine, Michel De Maegd, Benoît Piedboeuf, Florence Reuter, Caroline Taquin
N-VA Kathleen Depoorter

Submission date

Sept. 17, 2019

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

gas health risk young person narcotic sale public health

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI Open Vld N-VA LDD MR PVDA | PTB VB

Contact form ¶

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Discussion ¶

Feb. 4, 2021 | Plenary session (Chamber of representatives)

Full source

Mrs Creemers, the rapporteur, refers to her written report.

The N-VA will support the bill that is subsequently put to the vote.

The danger of this yet too sympathetic-sounding drug that hears the name "laughter gas" but is actually nitrogen monoxide is far too great. It is actually a very venomous drug, which happens sympathetically. Where recreational use of other addictive agents very often causes certain symptoms after the rust, we cannot say that of lach gas. Therefore, prohibiting the sale of metal capsules with lach gas to minors is a step forward, especially for the many parents who do not see signals when their child, their younger – often very young teenagers who start using this good – has used it, and after the lach comes home as if nothing had happened. As a parent, it can be very difficult to intervene when the problem arises.

In addition, the emergency doctors point out to us that it is a problem that should not be underestimated. You see quite frequent burns, from the larger capsules, there may be respiratory problems, but above all and very important is the irreversibility of certain neurological disorders that can manifest as a result of lach gas.

That the scope of the problem among the youth was not sufficiently known, we noted when Brussels had taken a number of measures and doctors testified on television that they suddenly received much more requests for information from the youth. The fact that they come to ask about it and think that it all cannot do so much harm, testifies to the danger that this still brings with it legal means to this day.

After we have passed the law, minors will no longer be allowed to buy the capsules.

Will we solve it all? We know how creative the youth is and that there is a way, ⁇ through an older friend, girlfriend, brother or sister, to get to such a capsule and still make use of the good.

In addition to that given, there is also the data from the study published by Vias, which clearly indicates that the use of lach gas in the traffic among young drivers is problematic. One in seven would regularly sit behind the wheel under the influence of lach gas. We all know the images of young lives that are taken from us after a night and in whom capsules were found in the car.

One major problem when driving under influence is that lach gas cannot be tracked like alcohol. After all, it is a lipophilic substance, which disappears. Therefore, it is not possible to measure the drivers, and therefore it is not possible to act repressively.

We do not address this problem with this bill, which is a very regrettable fact. Therefore, our group upholds the amendment that we have already submitted in the committee in September 2020 and we are submitting it again. Our proposal is to completely ban the sale of those small capsules. I know that other members will raise as a counterargument that the gas is sometimes also professionally needed for mixing, for example, stroke cream.

In a subsequent amendment, we incorporated a clause in which we propose a three-year transitional measure, so that the industry can look for a solution and find another gas that works equally well for use in the food industry, but of course does not give the rust that the lach gas produces and brings with it. We did the same for the CFCs at the time. The industry is innovative. I am convinced that our very capable scientists can provide a good answer and that with our proposal we will give them the necessary space to do so. On the other hand, in our amendment, we also give room to extend the transitional measure by one year, if there is still no solution.

I invite you to welcome the amendment of our group. We heard an emotional testimony from one of our colleagues in the committee. She can be an example for many families and young people who are deprived of a loved one by a gas that seems very nice but is a real killer.

We are seeing more and more reports about the use of smiling gas at all sorts of parties. Yesterday in Gent another cargo of 424 kg of lax gas was seized and during the lockdown a lot of lockdown parties were decorated with this drug. This is becoming an increasing problem, including in traffic.

Vlaams Belang did not need such reporting to put this issue as a priority on the agenda. In October 2019, we submitted our priority bill, but by some majority manoeuvre, we were eventually allowed to link it to that of the MR. My good college Steven Creyelman has supported this proposal but he is now sadly sick enough in bed, so I will try to perform this task as well as he would.

Vlaams Belang points out that the problem concerning nitrogen monoxide, better known as lach gas, appeared about two years ago. In recent years, salmon gas is increasingly used for recreational purposes as a party food. After all, it is easy to use and especially cheap. However, the use of lach gas carries many risks to the physical and mental health of both the user and third parties.

In the Netherlands there were 60 cases of intoxication in 2016, while in the first 7 months of 2019 there were already 960 cases. The phenomenon is now spreading to Belgium. For example, in the Brussels police zone West 2,750 cartridges and 9 large bottles of lax gas were found.

In several municipalities, traffic accidents occurred due to the use of lach gas.

For all these reasons, we propose to prohibit the sale of lach gas to minors, to limit the sale to private persons to the pharmacies and to limit the sales points of lach gas for professional use to the designated commercial stores that are not accessible to private persons.

We also point out that several municipalities have recently taken measures to prevent the use of cartridges with lach gas. It is important to act at the federal level at the legislative level in order to coordinate the measures to be taken. Our good colleague Creyelman was already convinced at that time that the problem was more serious than thought, and that the minister underestimated its extent, as was shown by the answer to his oral question on this subject.

With regard to the proposal at present, we are still wondering how a ban on online sales will be controlled. If it is a foreign website, should the import of lach gas be prohibited?

Prevention and punishment do not exclude each other. Politics should not look away from the growing problem and should give a clear signal to young people about the seriousness of the use of lach gas. This can be done by imposing a penalty as a government. It is unfortunate, because in this regard the original proposal is also dismissed.

We will support the current voostel, because it is better than nothing, but it could have been better.

Dear colleagues, the consumption of nitrogen protoxide, commonly and inappropriately called "hilarant gas", is increasingly fashionable among young people. If this phenomenon is not new, it actually spreads considerably.

Many young people consume it mainly because this product is easily accessible, inexpensive, and the health consequences of its inhalation are poorly known. While inhaling this gas can have euphorizing effects, this gas can also have serious short- and long-term consequences on the health of those who inhale it. Several studies have shown that such consumption can cause sclerosis or paralysis, memory disorders, as well as neurological and cardiovascular problems.

If inhaling this gas is dangerous to health, it is also synonymous with infringing on public safety. It is not uncommon to find this type of metal cartridges on public roads. Guardianship, prevention and other community stakeholders also say that more and more often this product is discovered in public spaces.

While this proposal of the MR group was submitted during the previous legislature by my colleague Daniel Bacquelaine, the evolution of the deviated consumption of this product has led us to submit this text again from September 2019. For months, in addition, many mayors of the Kingdom have taken public safety and health measures to cope with this phenomenon.

We can also see that when we seize drugs by our police forces, these cartridges are increasingly part of the narcotic products in the possession of drug traffickers. For our MR group, it was therefore more than urgent that a uniform rule be adopted at the national level to combat this product-driven consumption. As you can see, with the adoption of this law, it will now be prohibited to sell metal cartridges containing nitrogen protoxide to children under 18 years of age.

The text also provides for the prohibition of the online sale of these cartridges to minors through digital procedures such as already exists for online sale. This will also enable the resellers to take responsibility. For educational and informational purposes, the bill provides that every container of metal cartridges intended for domestic use as food siphons must mention on its label the hazardousness of the product. This is the subject of a constructive amendment from the opposition, and I think this is worth emphasizing.

Conscious that the adoption of this bill, which is primarily aimed at protecting the health of the youngest, will have an impact on traders and producers, it is expected to enter into force one year after its publication in the Moniteur belge. This will allow the various actors in the sectors concerned to adapt to the new legislation.

This prohibition obviously does not take away anything from the awareness-raising work that federal entities must be able to pursue. It will enable awareness of the dangerousness of the product and will ⁇ help the prevention work of the Communities. We are pleased that this proposal has been widely supported in our work in the Health Committee. This new legal provision will indeed be more than beneficial for the protection of the health of our young people.

On 19 September, I asked my first question in the plenary session. This question was about the topic of lachgas. I have been following this trend for years, because I live close to the border with the Netherlands and have seen the phenomenon spread to our country where young people began to experiment with it.

Meanwhile, so much time later, unfortunately – Mrs. Depoorter spoke about my testimony – already four young people in my immediate neighborhood have lost their lives due to the use of lach gas in traffic. That’s four young lives, not yet 20 years, the age of my little brother. That’s why I made my first plenary question on this subject and I will continue to fight in the coming years to remove that problem from our society.

Today we vote on a law that, of course, does not offer a total solution, but it is an en-en-story. We must start with what we can and today we are taking the first step. The Flemish government will launch comprehensive prevention campaigns to ensure that everyone is informed about the dangerous effects of lach gas. It is a first step in the right direction. I have already engaged myself in the committee to evaluate the law after three years to see whether we ⁇ the aimed outcome, namely: remove lach gas from circulation and away from houseparty, where a lot of young people often want to experiment with different types of drugs.

I would like to sincerely thank my colleagues for the achievement we are achieving today, after I made my first Parliamentary question on the subject. I am pleased that as a young member of Parliament, ⁇ given the distrust with which the public often looks at politics, I am able to testify that we have worked hand in hand on a solution.

Mrs Depoorter, again, you want a ban through your amendment and I understand that. I will follow up with the developments, but today we do not see the need to approve your amendment, especially because there is no alternative yet. Even the addiction experts we have heard did not see the amendment, because such a ban could aggravate the problem. As a result, it could be even more attractive for young people. I am fully committed to continuing to monitor the issue in Parliament; we will see where we are in three years and whether we need to take even more stringent measures.

The PVDA will also support this bill. We think it is a step in the right direction, but it is a small step.

The problem is increasingly identified. For example, we recently learned from the Vias Traffic Institute that one in seven young drivers between the ages of 18 and 34 would have already used laughing gas behind the wheel. This has recently been discussed in the committee, and Minister Vandenbroucke has said that he has asked Sciensano to conduct additional research on the use of lach gas. Also in the various opinions requested in view of this bill, it was said that more research is actually needed.

Why did I say that the ban is, in our opinion, only a small step in the right direction?

For us, the priority should be prevention. An integrated approach is needed. Prevention, early intervention, assistance as well, risk reduction and support in the integration of the measure. This is of course the problem in our country. We come back to it more often, but in the Federal Parliament this happens quite limited. If we want to address the problem of lach gas, we can only prohibit it, but we cannot invest in prevention because it is done by the Communities. This means that we cannot really put a good policy on our feet. This also applies to alcohol use and smoking, for example, as well as drug use. These are all major health problems that we believe should be a comprehensive policy, where prevention plays a much more important place.

Therefore, we support this proposal, but do not believe that it is a complete solution to the problem of the use of sludge gas.

Miss the Chair, colleagues, nitrogen monoxide or lach gas, the more native name, is a serious problem that is tremendously on the rise, mainly among young people. This is also evidenced by the findings of police and parket. The Minister of Internal Affairs responded to questions in the committee on this subject yesterday. The Minister of Health has already received a lot of questions on this. He also acknowledges that this is a problem. This cannot be denied.

Salmon gas has the same effect as certain illegal drugs. It creates immediate danger for the user, but also for his environment. Traffic accidents are also caused, where there is strong evidence that they can be directly attributed to the use of lach gas.

We also note that dealers are making a deal of this. They make money by bringing large amounts to the man on the street, mainly to young people. In this way, money is earned on the cover of the health of the individual user. In doing so, the dealers do exactly the same as the dealers of cannabis, cocaine and many other drugs do.

This problem has caused local authorities to already take action. Some parquets seize dealers through the law on ambulatory trade. Some municipalities have included this in their GAS regulations, a suitable name for this subject.

Colleagues, we were a cool lover of this proposal. A ban on sale to minors alone will not be enough. Stop trading through foreign websites will be very difficult. It is also up to the Federal Parliament to give a clear signal, given the explosive rise of the problem. The local emphasis remains important, but it is also important to create a national, common read.

It is an en-en-story for us. We need to raise awareness among young people through good communication and we need to allow local authorities to develop a tailor-made approach.

We also believe that this ban can contribute to better addressing the problem, in the interest of the public health of our young people. Therefore, a ban can be an important part of better managing this problem.

We must bear in mind that we do not create disproportionate consequences. In other words, we must find a balance between mitigating abuses and not making it impossible to use laugh gas, because of course there are also responsible applications, such as in the use of stroke patterns.

As far as we are concerned, the bill ⁇ meets this and it also meets important principles of subsidiarity and proportionality. Salmon gas used by minors as a roasting agent should be considered as an illegal drug. That is the message, a message that together with other actions will lead to better control of the problem.

At almost every lockdown party that is stopped, the police find empty ampoules and sometimes even large bottles of laughing gas. Today, large quantities are also regularly found in controlled cars. Maybe it’s about dealers. Or how in a short time the quite innocent gas disnitrogen monoxide, with which we spray straw, became a party drink.

However, Lachgas is not innocent. When used once and for a short time, it creates an euphoric feeling that reminds a little of alcohol, but that also quickly passes back. With addiction, which can quickly occur with regular use, it becomes tricky. A deficiency of vitamin B12 lies then on the lookout. This vitamin is especially important for our nervous system. This can lead to the onset of neurological damage. Young people are actually putting a mortgage on their health.

I have read that the Minister of Justice also wants to address this and will take strict action against smoke gas traders, with heavy financial penalties and imprisonment penalties. Many cities and municipalities have already introduced GAS fines for the possession and use of lach gas.

The proposal presented today has already gone a very long way, but in the light of recent developments it is more current than ever. The ban on the sale of disnitrogen monoxide patterns to minors is an important signal to young people and also an important warning to parents and others who stay in the youth’s environment.

Consider it as a preventive measure that should prevent very young people who are extra susceptible to this “easy” drug from becoming addicted. Although this proposal is not salvific and indeed is only a first step, which many have to follow, we see it as a preventive measure and we see it as a step in the right direction.

Therefore, we will also approve this proposal with conviction.

We will support this bill.

The hilarant gas of which the question clearly does not make me laugh, as this is probably also your case. It seems like nothing, it is the cause of death. It can have a neurological impact, not to mention social dramas and addiction.

I would like to draw your attention to the fact that the road safety institute Vias conducted in January 2021 a sample of 6,000 Belgians under the age of 34 which shows that one in seven young drivers regularly consumes hilarant gas before taking the wheel. In Brussels, the situation is much worse, as one in three young people are concerned. These numbers are cold in the back and show how important provisions in this matter need to be taken. This is a public health issue not only for those who consume this product, for their surroundings, but also for others, in view of the tragedies generated in the field of road insecurity.

Initially, the bill envisaged a ban on the sale to minors. I was therefore interested in supplementing the arrangement, which is why I submitted amendments that were validated in the committee. One of these amendments aims to indicate the dangerousness of the nitrogen protoxide on the container of metal cartridges. Furthermore, it will be necessary for the King to be able to establish rapid arrangements so that this measure can be effectively applied. Another amendment aims to prevent the sale of this product from taking place online. Those who have concerns about this issue should know that there is already a whole series of legislation with the same approach. There is therefore no reason why this provision cannot be applied to hilarant gas. An amendment also addresses the aspect of criminal sanctions since, without sanction, the provision does not make much sense.

It seemed to me especially important to move forward in this matter because if, in the absence of comprehensive legislation, some municipalities – rightly – have taken police arrests aimed at prohibiting on their territory this type of consumption, this posed a problem in so far as young people who wanted to consume nitrogen oxide from one municipality to another were removed in some way. Therefore, it was important that the public health message be consistent.

Will this be enough? No, and for two reasons, I think. On the one hand, because the law does not do everything and the accompanying and preventive dimension is ⁇ important in the face of the willingness of these young people to consume this type of product. In fact, they can always find the products differently. Moreover, the goal is not that they then turn to the use of other drugs or drugs. On the other hand, as my colleague from the N-VA said, it is true that young people are very creative. The issue of access to these products is not fully resolved.

I find therefore that the amendments that were proposed in the committee and which are again proposed today make sense. I can understand that this is cooling some colleagues but, at the same time, the timing that is left to innovate in the matter on the part of producers seems to me to be a signal that must be launched now. If we wait another two or three years before we say that, in all cases, there are still problematic uses among young people or less young people of this type of product and that also have an impact on others through road insecurity, it will be so much time lost because, at that time, it will be necessary in any case to consider alternatives.

We will support these amendments because, in terms of public health, on this aspect, the impact and severity of this product are not yet properly measured. We must therefore be both coherent and courageous in protecting our young and young.