South Dakota Codified Laws
Chapter 49 - Cigarette Fire Safety Standards
Section 34-49-22 - Repeal upon express federal preemption.

34-49-22. Repeal upon express federal preemption.
The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective.

Source: SL 2009, ch 172, ยง22, eff. Jan. 1, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 49 - Cigarette Fire Safety Standards

Section 34-49-1 - Definition of terms.

Section 34-49-2 - Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.

Section 34-49-3 - Use of lowered permeability bands to meet performance standard--Requirements.

Section 34-49-4 - Alternative test method and performance standard.

Section 34-49-5 - Retention of test reports--Copies to be made available--Civil penalty for violation.

Section 34-49-6 - Subsequent ASTM Standard Test Method.

Section 34-49-7 - Sale of cigarettes for purpose of consumer testing not prohibited.

Section 34-49-8 - Certification of testing and compliance with performance standard--Contents.

Section 34-49-9 - Cigarette package marking requirements.

Section 34-49-10 - Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.

Section 34-49-11 - Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.

Section 34-49-12 - Civil penalties for false certification by manufacturer.

Section 34-49-13 - Other civil penalties.

Section 34-49-14 - Seizure of cigarettes lacking certification or marking--Notice prior to destruction.

Section 34-49-15 - Injunctive relief, costs and damages--Separate civil violations.

Section 34-49-16 - Disclosure of information among secretary, attorney general, and state fire marshal.

Section 34-49-17 - Examination of books and records.

Section 34-49-18 - Cigarette fire safety standard act fund created.

Section 34-49-19 - Out-of-state sales permitted.

Section 34-49-20 - Certain sales of existing inventory on or after January 1, 2011 permitted.

Section 34-49-21 - Preemption of local laws, ordinances, and regulations.

Section 34-49-22 - Repeal upon express federal preemption.

Section 34-49-23 - Construction of chapter with law of other states.