Are Cream Chargers Legal in the UK?

Short answer: yes. It is legal to buy, own and use cream chargers in the UK for a legitimate purpose such as catering. What is illegal is possessing nitrous oxide in order to inhale it for its psychoactive effect, and supplying it to someone who will.

What changed on 8 November 2023

Nitrous oxide, the gas inside every cream charger, became a Class C drug under the Misuse of Drugs Act 1971 on 8 November 2023. Before that date it was covered by the Psychoactive Substances Act 2016, which banned supply for recreational use but not possession.

The change made possession an offence where a person intends to wrongfully inhale the gas. It did not ban the gas itself, because nitrous oxide has many lawful uses: in food as the additive E942, in medicine and dentistry, and in industry.

What is still legal

• Buying cream chargers or cylinders to whip cream, make foams and espumas, or infuse drinks.
• Storing and using them in a commercial kitchen, bar, cafe or at home for food preparation.
• Selling them to customers for those purposes.

You do not need a licence to buy or use nitrous oxide for a legitimate purpose.

What is illegal

• Possessing nitrous oxide with the intention of inhaling it for a psychoactive effect.
• Supplying it, or offering to supply it, to someone for that purpose.
• Importing, exporting or producing it for that purpose.

The maximum penalties are up to two years in prison for unlawful possession and up to 14 years for supply or production, plus an unlimited fine in either case.

What this means if you run a kitchen

Nothing changes in how you work. Keep chargers with your other kitchen supplies, order quantities that match your service, and keep your invoices, as you would for any trade purchase. If you are ever asked, being able to show what the gas is used for is all that is needed.

What it means for suppliers

A supplier commits an offence if they supply nitrous oxide knowing, or being reckless as to whether, it will be wrongfully inhaled. That is why a responsible supplier sells to adults only, sells for culinary use only, and may refuse an order that does not look like a catering purchase. We do all three.

Common questions

Is there an age limit for buying cream chargers?

We only supply adults aged 18 and over.

Can I carry cream chargers in my car or van?

Yes, if they are for a legitimate purpose such as your catering business. Keeping an invoice with the delivery is sensible.

Are large cylinders treated differently from 8g chargers?

No. The law applies to the gas, not the size of the container.

This guide is general information, not legal advice. It reflects the law in the UK as we understand it at the time of writing.

Shop for your kitchen: 640g cream chargers, 8g Mosa chargers and whipped cream dispensers.