34-46-3. Unannounced, random inspections--Persons enlisted--Requirements.
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 products are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with this chapter. Such persons may be used to test compliance with this chapter only if the testing is conducted under the supervision of the county state's attorney or a local law enforcement officer designated by the state's attorney and written parental consent has been provided. Any other use of persons under the age of twenty-one to test compliance with this chapter is unlawful and the persons responsible for such use are subject to the penalties prescribed in §34-46-5.
Source: SL 1994, ch 280, §3; SL 2020, ch 148, § 3.
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.