Read the full stored bill text
26.62.10 101st Legislative Session 1112
2026 South Dakota Legislature
House Bill 1112
Introduced by: Representative Mulally
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to modify the definition of an electronic smoking device. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 34-46-1 be AMENDED: 3
34-46-1. Terms used in this chapter mean: 4
(1) "Electronic smoking device," any e -cigarette, e-cigar, e-pipe, e-hookah, or vape 5
pen, containing or delivering nicotine or any other substance with nicotine intended 6
for human consumption that, which may be used by a person in any manner for 7
the purpose of inhaling vapor or aerosol from the product; 8
(2) "Proof of age," a driver's license, nondriver identification card, tribal identification 9
card, or other generally accepted means of identification that contains a picture of 10
the individual and appears on its face to be valid; 11
(3) "Sample," tobacco products distributed to members of the general public at no cost 12
for purposes of promoting the product; 13
(4) "Sampling," the distribution of samples to members of the general public in a public 14
place; 15
(5) "Self-service display," a display that contains cigarettes or smokeless tobacco, or 16
both, and is located in an area openly accessible to the merchant's consumers, and 17
from which such consumers can readily access cigarettes or smokeless tobacco, or 18
both, without the assistance of the merchant or an employee or agent of the 19
merchant. A display case that holds tobacco products behind locked doors does not 20
constitute a self-service display; 21
(6) "Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any 22
lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated 23
tobacco or plant product intended for inhalation, whether natural or synthetic, in 24
any manner or in any form, including the use of an electronic smoking device which 25
creates an aerosol or vapor, in any manner or in any form; 26
26.62.10 2 1112
Underscores indicate new language.
Overstrikes indicate deleted language.
(7) "Tobacco product," any item made of tobacco intended for human consumption, 1
including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor 2
products as defined in § 34-46-20; 3
(8) "Tobacco speciality store," a business that derives at least seventy -five percent of 4
its revenue from the sale of tobacco products. 5