Provide for vapor product certification requirements and to provide a penalty therefor.
Impact
The bill significantly impacts state regulations surrounding the sale and distribution of vapor products. It mandates that by October 1, 2024, no vapor product can be offered for sale unless it is listed in a directory maintained by the Department of Revenue. This directory will include all certified vapor products and their manufacturers, ensuring that only compliant items are available to consumers. Potential penalties for violation include a civil penalty of $1,000 per day for each unregistered product sold.
Summary
Senate Bill 116 is designed to establish certification requirements for manufacturers of vapor products in South Dakota. It aims to ensure that vapor products sold within the state are properly authorized or are in the review process by the U.S. Food and Drug Administration (FDA). Manufacturers are required to submit annual certification to the Department of Revenue by August 1st each year, confirming that their products meet regulatory standards. Each type of vapor product requires a separate certification, and a misrepresentation of information could lead to a Class 1 misdemeanor for the manufacturer.
Contention
Notable points of contention regarding SB116 include the level of regulatory oversight imposed on vapor product manufacturers and retailers. Some stakeholders may view the additional certification and potential penalties as burdensome, potentially impacting smaller manufacturers who may struggle to meet these requirements. Additionally, the processes involved in ceasing sales of non-compliant products, including the designation of such products as contraband and mandates for disposal, raise concerns about enforcement and compliance logistics.