34-46-21. Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.
No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:
(1)A vending machine permitted under subdivision 34-46-2(5); or
(2)Located in a tobacco specialty store.
A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day.
Source: SL 2014, ch 173, §2.
Structure 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 34-46-10 - 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 34-46-16 - 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.