1 ARTICLE 64:44
CIGARETTES NICOTINE PRODUCTS
Chapter
64:44:01 Administration of program Cigarette administration.
64:44:02 Cigarette excise tax stamp credits.
64:44:03 Master settlement agreement.
64:44:04 Nicotine product regulation.
2 CHAPTER 64:44:01
ADMINISTRATION OF PROGRAM CIGARETTE ADMINISTRATION
Section
64:44:01:01 Repealed.
64:44:01:02 Minimum price on cigarettes.
64:44:01:03 Repealed.
64:44:01:04 Thirty-day credit.
64:44:01:05 Determination of credit period.
64:44:01:06 Extension of credit period.
64:44:01:07 Basis for extending credit period.
64:44:01:08 Repealed.
64:44:01:09 Check as payment.
64:44:01:10 Bad checks.
64:44:01:11 Retail delinquency.
64:44:01:12 Granting of financial assistance to licensees.
64:44:01:13 Definition of retail establishment.
64:44:01:14 Deduction.
3 CHAPTER 64:44:04
NICOTINE PRODUCT REGULATION
Section
64:44:04:01 Definitions
64:44:04:02 Application requirements.
64:44:04:03 Disposal of product.
64:04:04:04 Return of product.
64:44:04:05 Violation procedures.
64:44:04:06 Record keeping requirements.
64:44:04:07 Inspection procedures.
4 64:44:04:01. Definitions. Terms defined under SDCL 10-50E-1 shall have the same meaning
in this chapter. Other terms used in this chapter mean:
(1) “Inspector,” any individual employed or contracted by the department to investigate and
enforce the provisions of SDCL chapter 10-50E and this chapter;
(2) “Records,” all sales invoices, purchase invoices, nicotine product inventory, age-verification
documentation, or other documents, in paper or electronic form, related to the sale of nicotine
products;
(3) “Premises,” any licensed retail location, including any storage or display areas under the
licensee’s control, and any nicotine product vending machines.
Source:
General Authority: SDCL 10-50E-16
Law Implemented: SDCL 10-50E-1
5 64:44:04:02. Application requirements. All applicants for a license shall include on the
application form, in addition to the requirements set forth in SDCL 10-50E-3, the following:
(1) The applicant's social security number, if the individual is the sole owner, and the
applicant's federal identification number if the internal revenue service requires a federal
identification number;
(2) The applicant's primary telephone number;
(3) The type of business, with a brief description of the business;
(4) The type of license requested;
(5) The beginning date of the business;
(6) Whether it is a new or existing business;
(7) An estimated percentage of annual gross income from the sale of nicotine products;
(8) Affirmation that at least three years have passed, as of the date of application, since
satisfactory completion of a sentence or probation imposed for the conviction of a felony related to
a financial crime, a crime related to the sale or distribution of a nicotine product or alcohol, or a
crime related to a controlled substance.
(9) The type of ownership;
(10) If it is a corporation, the date of incorporation;
(11) If not a South Dakota corporation, the date registered with the secretary of state;
(12) The names, addresses, and social security numbers of all principal officers if the business
is a corporation, members of the limited liability company, or of all principal partners if the business
is a partnership; and
(13) Other information required by the secretary to identify the business entity and the
activities of the business.
Source:
6 General Authority: SDCL 10-50E-16(1)
Law Implemented: SDCL 10-50E-3
7 64:44:04:03. Disposal of product. Any retailer whose license has been revoked and who
chooses to dispose of nicotine products must do so in accordance with SDCL chapter 34A-11 and
rules promulgated by the Department of Agriculture and Natural Resources. Proof of proper disposal
must be evidenced by submitting an affidavit of proper disposal to the department, on a form
prescribed by the secretary.
Source:
General Authority: SDCL 10-50E-16(2)
Law Implemented: SDCL 10-50E-14
8 64:44:04:04. Return of product. Any retailer whose license has been revoked and who
chooses to return nicotine products to the licensed distributor or licensed wholesaler from which the
nicotine products were purchased, must evidence the return of nicotine products by submitting a
certified copy of the licensed distributor’s or licensed wholesaler’s credit memo, along with an
affidavit of return to the department, on a form prescribed by the secretary.
Source:
General Authority: SDCL 10-50E-16(2)
Law Implemented: SDCL 10-50E-14
9 64:44:04:05. Violation procedures. If a licensee is subject to a civil penalty, the secretary
shall send an order imposing the penalty via certified mail. If the licensee fails to claim the certified
mail, or if it is otherwise returned to the department undelivered, the order shall be resent via first-
class mail.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the
imposition of a civil penalty. Any request for hearing must be received by the secretary within 30
days of the date of the order imposing the penalty.
Source:
General Authority: SDCL 10-50E-16(3)
Law Implemented: SDCL 10-50E-13
10 64:44:04:06. Record keeping requirements. A licensee has consented to the inspection of
any records and premises of the licensee by any inspector for the purpose of investigating and
enforcing the provisions of SDCL chapter 10-50E. Inspectors may make copies, videos, audio
recordings, take electronic images, or photograph any records, products, or premises as necessary.
Actively obstructing, withholding, deleting, altering, or refusing access to records and
premises constitutes presumptive evidence of a violation and the secretary shall impose the
appropriate penalty as prescribed by SDCL 10-50E-13.
Source:
General Authority: SDCL 10-50E-16(4)
Law Implemented: SDCL 10-50E-10
11 64:44:04:07. Inspection procedures. The department, through its inspectors, may conduct
announced or unannounced inspections of any licensed premises at any time during the licensee’s
business hours. Inspections may include:
(1) Examination of all records and premises relevant to compliance with licensing, youth
access restrictions, age verification protocols, and nicotine product sourcing;
(2) Physical inspection of the premises, vending machines, signage, inventory, and
promotional materials;
(3) Observation or monitoring of retail practices and compliance with youth access
restrictions; and
(4) Any other actions necessary to ensure compliance with SDCL chapter 10-50E.
Any inspection may include the assistance of a confidential informant under the age of twenty-
one years. Any person under the age of twenty-one years acting as a confidential informant pursuant
to this section is not guilty of a violation under SDCL 34-46-2.
Source:
General Authority: SDCL 10-50E-16(5)
Law Implemented: SDCL 10-50E-11