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SD HB1220
Bill
Status
3/5/2026
Primary Sponsor
Sydney Davis
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AI Summary
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Creates a new licensing system for nicotine product distributors requiring a $1,000 annual fee, valid July 1 through June 30, with separate licenses needed for each business location
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Defines "nicotine products" to include alternative nicotine products and vapor products (e-cigarettes, vape pens), but excludes traditional tobacco products, cigarettes, and FDA-approved cessation products
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Prohibits direct-to-consumer shipping of nicotine products unless the seller verifies purchaser is at least 21 years old, obtains signature upon delivery, and maintains records of buyer information for audit purposes
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Establishes a nicotine enforcement fund administered by the Department of Revenue, funded by license fees, to cover enforcement costs
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Imposes criminal penalties including Class 1 misdemeanor for selling without a license or reselling shipped products, Class 2 misdemeanor for recordkeeping violations, and civil penalties of $1,000-$5,000 (or five times retail value) for illegal shipping violations
Legislative Description
Regulate the sale of nicotine products, and to provide a penalty therefor.
Taxation
Last Action
Delivered to the Governor on March 12, 2026 H.J. 574
3/12/2026