South Dakota Codified Laws
Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products
Section 34-46-20 - Tobacco product includes vapor product.

34-46-20. Tobacco product includes vapor product.
For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

Source: SL 2014, ch 173, §1; SL 2019, ch 155, §3.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products

Section 34-46-1 - Definition of terms.

Section 34-46-2 - Unlawful actions.

Section 34-46-2.2 - Merchants--Notice requirement--Contents.

Section 34-46-3 - Unannounced, random inspections--Persons enlisted--Requirements.

Section 34-46-4 - Annual reports to federal government.

Section 34-46-5 - Violation as misdemeanor--Complete defense.

Section 34-46-5.1 - Limit on violations during unannounced random inspections.

Section 34-46-6 - Uniform regulation and implementation.

Section 34-46-7 - Creation of tobacco prevention and reduction program.

Section 34-46-9 - Department to develop tobacco prevention and reduction plan--Responsibilities of department.

Section 34-46-10 - Tobacco prevention and reduction plan--Programs or grants.

Section 34-46-12 - Tobacco prevention and reduction trust fund.

Section 34-46-13 - Definition of terms used in §§ 34-46-13 to 34-46-19.

Section 34-46-14 - Smoking in public or place of employment prohibited--Petty offense.

Section 34-46-15 - Person controlling public place or place of employment to inform violators--Petty offense.

Section 34-46-16 - Inapplicability to private residences unless used for day care.

Section 34-46-17 - Posted smoking rooms permitted in hotels and lodging establishments.

Section 34-46-18 - Smoking permitted in certain licensed establishments where alcohol sold.

Section 34-46-19 - Smoking permitted in certain retail tobacco stores.

Section 34-46-20 - Tobacco product includes vapor product.

Section 34-46-21 - Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.