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SD SB221

Bill

Status

Enrolled

3/9/2026

Primary Sponsor

Chris Karr

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Requires retailers to obtain a license from the Department of Revenue to sell nicotine products (tobacco, vapor products, alternative nicotine products), with annual fees of $300 for stores deriving 50%+ revenue from nicotine sales, $200 for others, and $100 per vending machine

  • Prohibits sales to persons under 21, sales via phone/internet/mail/curbside pickup, free samples, sales from self-service displays, and sales of products with gaming functionality; vending machines permitted only in bars and gaming establishments with age verification

  • Establishes escalating penalties for violations within a 36-month period: $500 first offense, $1,000 second, $2,000 plus 30-day suspension third, $5,500 plus license revocation fourth

  • Licensees must maintain inventory and sales records for three years, including supplier information and purchase invoices, subject to inspection during business hours

  • Creates a nicotine enforcement fund from collected fees and fines to cover enforcement costs; effective January 1, 2027

Legislative Description

Regulate the retail sale of nicotine products, and to provide a penalty therefor.

Penalty

Last Action

Delivered to the Governor on March 12, 2026 S.J. 539

3/12/2026

Committee Referrals

Commerce and Energy2/25/2026
Health and Human Services2/5/2026

Full Bill Text

No bill text available