South Dakota 2024 Regular Session

South Dakota Senate Bill SB116

Introduced
1/22/24  

Caption

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.

Companion Bills

No companion bills found.

Previously Filed As

SD SB49

Prohibit the improper storage and disposal of records containing personal or protected information and provide a penalty therefor.

SD SB91

Revise certain provisions regarding the crime of rape and provide a penalty therefor.

SD SB94

Establish the crime of grooming and provide a penalty therefor.

SD SB129

Include school employees in certain assault provisions and provide a penalty therefor.

SD HB1131

Prevent the imposition or enforcement of extreme risk protection orders and to provide a penalty therefor.

SD HB1135

Provide for transparency in the pricing of prescription drugs.

SD HB1213

Require that persons limit access to firearms by minors and to provide a penalty therefor.

SD HB1091

Amend provisions of the insurance statutes regarding producer recommendations and responsibilities.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD HB1129

Modify and establish provisions related to medical cannabis.

Similar Bills

SD SB154

Prohibit pharmaceutical manufacturers from interfering in contracts between 340B entities and pharmacies and to provide a penalty therefor.

SD HB1116

Make fraudulent solicitation of charitable contributions a deceptive act or practice.

SD SB49

Prohibit the improper storage and disposal of records containing personal or protected information and provide a penalty therefor.

SD SB180

To require age verification before an individual may access an application from an online application store.

LA HB477

Provides for minimum pricing of cigarettes (EN NO IMPACT GF RV See Note)

SD HB1055

Modify medical cannabis certification requirements.

SD SB82

Modify standards for a bona fide practitioner-patient relationship required prior to the issuance of a medical cannabis certification.

IN SB0227

Directory of approved vaping products.