This bill establishes a comprehensive regulatory framework for the distribution and sale of vapor products in South Dakota, introducing key definitions such as "Department," "Distributor," "Retailer," "Secretary," and "Vapor product." It requires individuals to obtain specific licenses for selling vapor products, whether for resale or retail, and outlines the application process, including fees, tax compliance, and record-keeping. The bill mandates that vapor products adhere to safety and health standards, including ingredient restrictions and packaging requirements, and establishes penalties for violations ranging from misdemeanors to civil penalties. Additionally, it includes provisions for age verification during sales, advertising restrictions, and the creation of a vapor product regulatory fund.

The bill amends Section 34-46-21 to clarify the conditions under which vapor products may be sold, specifying that they must be in opened packages that meet federal warning label requirements or through self-service displays, with certain exceptions. Violations of this section are classified as Class 2 misdemeanors, with a limit on liability for multiple violations in a single day. Furthermore, the bill repeals Section 34-46-20, which previously defined "tobacco product" to include vapor products, thereby removing existing definitions and potentially simplifying the regulatory framework for their sale.

Statutes affected:
Introduced, 01/29/2026: 34-46-1, 34-46-21, 34-46-20