South Dakota is creating a new regulatory framework for all nicotine products beyond just cigarettes, requiring retailers to obtain licenses and comply with strict application, inspection, and recordkeeping rules. Applicants must now provide detailed business information including ownership details, federal identification numbers, criminal history disclosures (showing at least three years since completion of sentences for financial crimes or drug-related offenses), and an estimate of nicotine product sales as a percentage of annual income. Licensed retailers must allow unannounced inspections of their premises and records at any time during business hours, maintain detailed sales and inventory documentation, and face civil penalties if they obstruct inspections or alter records; retailers whose licenses are revoked must either return unsold products to their distributor or wholesaler or dispose of them properly, with proof submitted to the state. Licensees can request an administrative hearing within 30 days to contest any civil penalties imposed by the department.
AI-generated from the proposed rule text — verify against the official documents.
The effect of the rules will be to establish application requirements for nicotine product licensees, to establish inspection procedures, recordkeeping requirements for licensees, violation procedures, and product disposal or return requirements for retail licensees.
No specific cites listed — see the package documents.
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