South Dakota is establishing new regulations for selling nicotine products—including tobacco, vaping products, and alternative nicotine items like pouches—by creating a licensing system through the Department of Revenue. The bill defines what counts as a nicotine product (including nicotine analogs designed to skirt existing rules) and sets penalties for violations, while keeping retailer license lists confidential except when needed for official duties. This creates a statewide framework to control how and where nicotine products can be sold to consumers.
This bill does not directly amend codified state law.
This amendment completely rewrites the bill—it shifts from regulating the specific ingredients and packaging of vaping products to creating a broader licensing and regulatory framework for all nicotine products (including tobacco analogs), and moves the regulatory authority from a new chapter in title 34 to title 10. The hog-house effectively REDIRECTS the bill from product-specific chemical standards to a general retail licensing and sales restriction scheme.
This amendment significantly expands the bill's scope from regulating only tobacco products to comprehensively regulating all nicotine products—including alternative nicotine products and vapor products—by adding detailed definitions and licensing requirements for retailers and vending machine operators. This BROADENS the bill's regulatory reach to cover a much wider range of nicotine-containing products beyond traditional tobacco.
The amendment was extensively rewritten (hoghoused) by the House Commerce and Energy committee, shifting from the original nicotine retail regulation framework to add detailed definitions of nicotine analogs and clarify vending machine licensing requirements, while also making technical corrections to expand the definition of vapor products to include aerosol and components sold separately. The changes BROADEN the bill's regulatory scope by explicitly covering nicotine analogs and tightening vending machine licensing while narrowing some disclosure exceptions from sections 2-21 to sections 2-18.
The amendment made minor technical changes, primarily capitalizing "analog" to lowercase in the definition of "nicotine analog" and updating the bill's technical reference number from 26.979.16 to 26.979.17, without materially altering the bill's regulatory framework for nicotine product retail sales. The note that the bill "has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor" suggests the broader content was substantially rewritten, though the shown diff captures only these minimal textual edits.
The amendment changed the bill's status from a "house engrossed" version (which carried a warning that it had been extensively amended and may no longer reflect the sponsor's original intent) to an "enrolled" version, while updating technical reference numbers from 26.979.17 to 26.979.18 and removing markup indicators. This is a procedural finalization of the bill rather than a substantive change to its regulatory purpose regarding nicotine product sales.
Other amendments
Signed by the Governor S.J. 549
Delivered to the Governor S.J. 539
Signed by the Speaker H.J. 560
Signed by the President S.J. 525
Senate Concurred in amendments Passed, YEAS 29, NAYS 5. S.J. 515
House of Representatives Do Pass Amended Passed, YEAS 66, NAYS 3. H.J. 537
House of Representatives Motion to amend H.J. 537
Commerce and Energy Do Pass Amended Passed, YEAS 7, NAYS 6. H.J. 19
Commerce and Energy Motion to amend H.J. 19
Commerce and Energy Scheduled for hearing
First read in House and referred to House Commerce and Energy H.J. 445
Senate Do Pass Amended Passed, YEAS 22, NAYS 11. S.J. 384
Senate Motion to amend S.J. 381
Health and Human Services Do Pass Amended Passed, YEAS 7, NAYS 0. S.J. 17
Health and Human Services Motion to amend S.J. 17
Health and Human Services Scheduled for hearing S.J. 1
Senate Referred to Senate Health and Human Services S.J. 199
First Reading Senate S.J. 180
Prime sponsor · Sen.
R
Cosponsors
Concurred in amendments
Do Pass Amended
Commerce and Energy — Do Pass Amended
Do Pass Amended
Health and Human Services — Do Pass Amended