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--- version:Introduced
+++ version:1112A
@@ -1,4 +1,4 @@
-26.62.10 101st Legislative Session 1112
+1112A 101st Legislative Session 1112
 
 2026 South Dakota Legislature
 House Bill 1112
@@ -7,6 +7,9 @@
 
   Underscores indicate new language.
   Overstrikes indicate deleted language.
+AMENDMENT 1112A
+FOR THE INTRODUCED BILL
+
 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
@@ -14,30 +17,33 @@
 (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
+the purpose of inhaling vapor or aerosol from the product . The term does not 8
+include any product approved by the United States Food and Drug Administration 9
+for sale as a tobacco cessation product or for any other therapeutic purpose, and 10
+is marketed and sold solely for that approved purpose; 11
+(2) "Proof of age," a driver's license, nondriver identification card, tribal identification 12
+card, or other generally accepted means of identification that contains a picture of 13
+the individual and appears on its face to be valid; 14
+(3) "Sample," tobacco products distributed to members of the general public at no cost 15
+for purposes of promoting the product; 16
+(4) "Sampling," the distribution of samples to members of the general public in a public 17
+place; 18
+(5) "Self-service display," a display that contains cigarettes or smokeless tobacco, or 19
+both, and is located in an area openly accessible to the merchant's consumers, and 20
+from which such consumers can readily access cigarettes or smokeless tobacco, or 21
+both, without the assistance of the merchant or an employee or agent of the 22
+merchant. A display case that holds tobacco products behind locked doors does not 23
+constitute a self-service display; 24
+(6) "Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any 25
+lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated 26
+1112A 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
+tobacco or plant product intended for inhalation, whether natural or synthetic, in 1
+any manner or in any form, including the use of an electronic smoking device which 2
+creates an aerosol or vapor, in any manner or in any form; 3
+(7) "Tobacco product," any item made of tobacco intended for human consumption, 4
+including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor 5
+products as defined in § 34-46-20; 6
+(8) "Tobacco speciality store," a business that derives at least seventy -five percent of 7
+its revenue from the sale of tobacco products. 8