South Dakota Statewide Rule
South Dakota Vape and E-Cigarette Retail Rules
Key Facts
- License
- Tobacco license required for vape retail
- Check
- ID check required for buyers under 30
- Restrictions
- Sales prohibited to anyone under 21
- Self-Service Restricted
- Self-service restricted to adult retailers
- Application
- Online sales must verify age at delivery
Summary
South Dakota regulates vape and e-cigarette retail sales, requiring tobacco licenses, age verification, and compliance with statewide tobacco distribution and tax statutes.
No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is: (1) A vending machine permitted under subdivision 34-46-2(5); or (2) Located in a tobacco specialty store. A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day.
Full Breakdown
Under SDCL 10-50 and SDCL 34-46, retailers selling vapor products must hold a valid tobacco license issued by the Department of Revenue, conduct ID verification for buyers under 30, and prevent sales to anyone under 21. Vape products fall within the state's tobacco product definition for purposes of taxation and youth access enforcement. Self-service displays are restricted to adult-only retailers, and online sales must verify age at delivery.
Violations & Penalties
Selling vapor products without a license or to minors is a Class 2 misdemeanor with fines up to $500; repeat violations can lead to license suspension and revocation.
Frequently Asked Questions
Do vape shops need a state license in South Dakota?
Can stores display vape products openly?
Sources
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