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.
The bill was rewritten from regulating vapor product ingredients and packaging to establishing a licensing system for all nicotine product retailers, with broader product scope and different regulatory requirements.
The amendment expanded the bill's scope from regulating tobacco products to regulating all nicotine products, including alternative nicotine products and vapor products, with new definitions and licensing requirements.
The amendment expanded the definition of "alternative nicotine product" to include products regulated as food by the FDA, added detailed definitions for "nicotine analog" and clarified "vapor product" scope, and narrowed the vending machine license requirement.
The bill's internal reference number changed from 26.979.16 to 26.979.17, and "Nicotine Analog" was lowercased to "nicotine analog" in the definitions section.
The document status changed from "House Engrossed" (indicating extensive amendments that may no longer reflect original sponsor intent) to "Enrolled" (final legislative passage form).
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