Back to South Dakota
South Dakota2026Active

HB1220

South Dakota Law Regulating Nicotine Product Sales

Last scannedAug 25, 2026, 3:29 AM

In one sentence

This law requires distributors of nicotine products in South Dakota to get a license and pay fees, while setting strict rules for shipping these items directly to customers.

What it does

  • Requires anyone selling or providing nicotine products to retailers (distributors) to get a state license before doing business.
  • Sets a fee of one thousand dollars for each distributor license application.
  • Mandates that distributors keep records about their product sales and manufacturers for at least three years.
  • Allows licensed sellers to ship alternative nicotine products directly to customers only if the customer is verified as 21 or older, pays with a matching card, and signs for delivery.
  • Creates a new fund called the 'nicotine enforcement fund' where license fees must be deposited.

Who it affects

  • Businesses that sell nicotine products to other stores (distributors).
  • Stores or shops that buy and sell nicotine products directly to people (retailers), who may only buy from licensed sources.
  • Companies located inside or outside South Dakota that ship alternative nicotine products into the state.

Limits and unknowns

  • The official text provided does not state when these new rules officially begin because the effective date is blank.
  • The full list of labeling requirements for shipped packages was cut off before it finished in the provided text.
  • This summary only covers the sections included in the excerpt and may miss details from other parts of the bill.

Plain language

Terms to know

Alternative nicotine product
A non-burning product with nicotine meant for humans, such as chewable items or liquids. It does not include vapor products, tobacco cigarettes, or products regulated by the FDA.
Vapor product
An electronic device that heats a liquid to create smoke-free vapor containing nicotine, like an e-cigarette. This includes parts and liquids for these devices but not FDA-approved tobacco cessation products.
Nicotine analog
A substance made to act like nicotine or designed with the intent to avoid the rules in this law.

Official record

Sources

Source attached

Official summary

regulate the sale of nicotine products, and to provide a penalty therefor.

Official activity

Bill history

  1. Signed by the Governor