The bill H. 3728 aims to regulate the sale of electronic nicotine delivery systems (ENDS) in South Carolina by adding Section 44-95-65 to the South Carolina Code of Laws. It establishes definitions for key terms related to ENDS products, such as "manufacturer," "advertisement," and "minor," and outlines the responsibilities of manufacturers, including the requirement to submit annual certifications to the Attorney General verifying the market status of their products. The bill mandates that manufacturers provide detailed information about their products, which will be kept confidential, and establishes a directory of compliant ENDS products that will be publicly accessible. Additionally, it imposes penalties for violations, including fines for selling unlisted products and the potential seizure of non-compliant ENDS products.

The legislation also includes specific marketing restrictions to prevent targeting minors, such as prohibiting the use of certain terms and imagery in advertising that could appeal to younger audiences. It outlines the enforcement powers of the Attorney General and other law enforcement agencies, including the ability to conduct compliance checks and impose civil penalties for violations. The bill sets a timeline for the implementation of these regulations, with the first certification due by August 1, 2025, and the operational directory by October 1, 2025. Overall, the bill seeks to enhance public health protections by regulating the marketing and sale of ENDS products in South Carolina.

Statutes affected:
01/15/2025: 44-95-65
Latest Version: 44-95-65