The proposed bill aims to regulate the sale and distribution of vapor products in South Dakota by establishing a new licensing and registration framework. Key definitions are introduced, including terms such as "vapor product," "vapor product distributor," and "vapor product retailer." The bill mandates that individuals or entities wishing to sell vapor products must obtain a vapor product distributor license, which requires an application, a fee, and compliance with tax obligations. Additionally, vapor product retailers must register with the Department of Revenue before selling these products. The bill outlines specific marketing restrictions to prevent appeal to minors and sets penalties for violations, including misdemeanors for improper sales practices and civil penalties for shipping violations.
Furthermore, the legislation stipulates that vapor products not meeting certification requirements are considered contraband, and individuals must dispose of such products properly. The Attorney General is granted authority to seek injunctions and civil penalties for violations related to the shipping and distribution of vapor products. The bill emphasizes the importance of maintaining documentation for product purchases and compliance with advertising standards, with penalties for non-compliance being classified as Class 2 misdemeanors. Overall, the bill seeks to enhance regulatory oversight of vapor products to protect public health and ensure compliance with state laws.