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 fundamentally redirects the bill from regulating only "vapor products" with specific ingredient and packaging standards to broadly regulating all "nicotine products" (including any form of nicotine from any source) under a new licensing and retail framework. The change shifts the bill from a narrow focus on e-cigarette composition requirements to a comprehensive regulatory scheme for all nicotine product retail sales, substantially broadening the bill's scope.
The amendment significantly expands the bill's scope from regulating only tobacco products to comprehensively regulating all nicotine products—including alternative nicotine products, vapor products, and traditional tobacco—by adding detailed definitions, licensing requirements for retailers and vending machine operators, and presumptive evidence rules for nicotine analog claims. This broadens the bill from narrowly targeting tobacco to creating a regulatory framework covering the entire nicotine product market.
This amendment significantly rewrote the bill from a focused nicotine retail regulation measure into a much broader regulatory framework by adding detailed definitions for nicotine analogs, clarifying vending machine regulations, and expanding the scope of what products fall under the licensing requirements. The changes BROADEN the bill's regulatory reach to capture nicotine analog products and establish a more comprehensive licensing system for all nicotine product sales, including vending machines.
This amendment is a "hog house" that completely rewrote the bill from regulating nicotine products into a comprehensive licensing and regulatory regime for nicotine product retailers, requiring separate licenses for each retail location and vending machine with accompanying fees ($300 for primary nicotine retailers, $200 for secondary sellers). The change fundamentally shifts the bill from a simple regulation of nicotine sales into a licensing and fee-collection system administered by the Department of Revenue.
The amendment removes the "House Engrossed" designation and warning that the bill had been "extensively amended (hoghoused)," replacing it with the standard "Enrolled" designation, indicating the bill has completed the legislative process in its final agreed-upon form. This is a procedural change reflecting that the bill's substantive content has been finalized and is no longer subject to further revision during the current legislative session.
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