SB 221 — regulate the retail sale of nicotine products, and to provide a penalty therefor.

26.979.1726.979.18 101st Legislative Session 221 South Dakota Legislature Senate Bill 221 HOUSEENROLLED ENGROSSEDAN ThisA billCT hasENTITLED beenAn extensivelyAct amendedto (hoghoused)regulate andthe mayretail nosale longerof benicotine consistentproducts, withand theto originalprovide intentiona ofpenalty thetherefor. sponsor.

IntroducedB by:E IT ENACTED BY THE LEGISLATURE OF THE STATE OF S OUTH DAKOTA :

Senator Karr An Act to regulate the retail sale of nicotine products, and to provide a penalty therefor.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :

and Overstrikes26.979.18 indicate2 deleted221 language.(c) Is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of this chapter;

26.979.17 2 221 (c) Is manufactured, formulated, sold, distributed, or marketed with the intent to avoid the provisions of this chapter;

A separate application and a separate license are required for each place of business OverstrikesSB221 indicateENROLLED deleted26.979.18 language.3 221 of a retailer where a nicotine product is sold at retail.

26.979.17 3 221 of a retailer where a nicotine product is sold at retail.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.4 221 Section 6.

26.979.17 4 221 Section 6.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.5 221 For purposes of this Act, the vending machine retailer is responsible for compliance with all provisions of this Act.

26.979.17 5 221 For purposes of this Act, the vending machine retailer is responsible for compliance with all provisions of this Act.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.6 221 The records must include information detailing the name, source, origin, manufacturer, and address of the person supplying, and a copy of the purchase invoice, of the nicotine products in the licensee's inventory.

26.979.17 6 221 The records must include information detailing the name, source, origin, manufacturer, and address of the person supplying, and a copy of the purchase invoice, of the nicotine products in the licensee's inventory.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.7 221 If a licensee has been determined by the department to have violated any provision of this chapter, the secretary must conduct an inspection of the licensee within six months of the determination.

26.979.17 7 221 If a licensee has been determined by the department to have violated any provision of this chapter, the secretary must conduct an inspection of the licensee within six months of the determination.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.8 221 A retailer who fails to comply with this section within sixty days from the revocation of the license is subject to a fine of five thousand dollars, imposed by the department.

26.979.17 8 221 A retailer who fails to comply with this section within sixty days from the revocation of the license is subject to a fine of five thousand dollars, imposed by the department.

OverstrikesSB221 indicateENROLLED deleted26.979.18 language.9 221 Expenditures from the fund must be budgeted through the general appropriation bill.

26.979.17 9 221 Expenditures from the fund must be budgeted through the general appropriation bill.

(1) To knowingly sell or distribute a tobacco product nicotine product, as defined in section 2 of this Act, to a person under the age of twenty-one;

(2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco nicotine product, as defined in section 2 of this Act, if a person is under the age of twenty-one;

(3) To purchase a tobacco product nicotine product, as defined in section 2 of this Act, on behalf of, or to give a tobacco nicotine product to, any person under the age of twenty-one;

(4) To sell cigarettes nicotine products, as defined in section 2 of this Act, other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5) To sell tobacco products nicotine products, as defined in section 2 of this Act, through a vending machinemachine, located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times, except as otherwise provided in section 8 of this Act;

(6) To sell cigarettes or smokeless tobacco, or both, nicotine products, as defined in section 2 of this Act, through a self-service displaydisplay; other than a display that is:

(a)or A(7) vendingTo machinedistribute permittedsamples underof subdivisionnicotine (5)products, as defined in section 2 of this section;Act, in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

or (b) Located in a tobacco speciality store;

or (7) To distribute tobacco product samples samples of nicotine products, as defined in section 2 of this Act, in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

A Except as otherwise provided in this section, a merchant shall conspicuously post a notice, on the merchant's premises, stating in text at least one inch in height, that "No no person under the age of 21twenty-onetwenty-one may be sold tobacconicotine products."products, Overstrikesas indicatedefined deletedin language.section 2 of this Act.

26.979.17 10 221 Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in use within the state, a warning which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall be kept in easily legible form and repair stating:

"Any person under 21 years of age is forbidden by law to purchase cigarettes from this machine." nicotine products, as defined in section 2 of this Act.

SB221 ENROLLED 26.979.18 10 221 Section 21.

Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where tobacco nicotine products, as defined in section 2 of this Act, are sold or distributed to ensure compliance with this chapter.

No person may sell a vapor nicotine product, as defined in section 2 of this Act, other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law,law. or sell a vapor product through self- service display other than a display that is:

(1) A vendingperson machinewho permittedviolates underthis subdivisionsection 34-46-2(5);is subject to a fine of two hundred fifty dollars, imposed by the Department of Revenue.

or (2) Located in a tobacco specialty store.

A violation of person who violates this section is a Class 2 misdemeanor.

A person is not liable for more than one violation of this section on a single day subject to a fine of Overstrikes indicate deleted language.

26.979.17 11 221 two hundred fifty dollars, imposed by the Department of Revenue.