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 rewrites the bill from regulating the specific ingredients and packaging of vapor products to instead creating a licensing and regulatory framework for all nicotine products (broadly defined) sold at retail, effectively BROADENING and REDIRECTING the bill's scope from ingredient control to business licensure while also expanding what products fall under regulation.
The amendment extensively rewrote the bill to comprehensively regulate all nicotine products—including alternative nicotine products, tobacco products, and vapor products—rather than focusing narrowly on tobacco products alone, and established a licensing and regulatory framework for retailers and vending machine operators of these products. This BROADENS the bill's scope significantly to cover a wider range of nicotine-containing products under a unified regulatory scheme.
The amendment extensively rewrote the bill (it was "hoghoused") to comprehensively regulate nicotine products beyond just tobacco, adding detailed definitions for alternative nicotine products and nicotine analogs, expanding the scope to cover vapor products and vending machines, and changing licensing requirements so each vending machine requires its own separate license rather than grouping them under a single retailer license. This BROADENS the bill from regulating traditional tobacco sales to regulating a wider range of nicotine-containing products with more granular licensing controls.
The bill number was updated from 26.979.16 to 26.979.17 and the committee designation changed from "HOUSE COMMERCE AND ENERGY" (with a note that the bill was extensively amended/hoghoused), with a minor capitalization correction to "nicotine analog" in the definitions section. These are primarily technical and procedural updates that do not substantively change the bill's purpose of regulating nicotine product retail sales.
The amendment changed the bill's status from a "house engrossed" version (which had been extensively amended and potentially altered from its original purpose) to an "enrolled" version, indicating the bill has completed the legislative process and is now in final form. This is a procedural change reflecting that the bill's negotiations are complete; the substantive nicotine product regulations remain unchanged.
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