The bill S. 287 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 terms related to ENDS, such as "advertise," "marketing," 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 the creation of a public directory of certified ENDS products, which must be maintained and updated by the Attorney General. Manufacturers are also required to pay a non-refundable fee for certification and an annual renewal fee for each product listed in the directory.

Additionally, the bill imposes penalties for violations, including fines for manufacturers offering unlisted products for sale and civil penalties for retailers, wholesalers, and distributors who violate the directory requirements. It prohibits the marketing of ENDS products using terms or imagery that appeal to minors and restricts advertising to ensure that at least 85% of the intended audience is over 18 years old. The bill outlines a timeline for the implementation of these regulations, with the first certification due by August 1, 2025, and the directory operational by October 1, 2025. The Attorney General is granted the authority to enforce these provisions and may promulgate additional regulations as necessary.

Statutes affected:
01/29/2025: 44-95-65
03/11/2025: 44-95-65
03/12/2025: 44-95-65
03/19/2025: 44-95-65
04/30/2025: 44-95-65
05/06/2025: 44-95-65
Latest Version: 44-95-65