PIERRE, S.D. — The South Dakota House Health and Human Services Committee has approved legislation establishing new licensing and enforcement requirements for nicotine product distributors, a measure supporters describe as an initial step toward greater oversight of the vape industry.
House Bill 1220A creates a statewide licensing framework for businesses that distribute nicotine products for resale in South Dakota. The bill now advances to the full State House of Representatives for consideration.
The legislation requires nicotine product distributors to obtain a state license, maintain detailed records on product manufacturers and ingredients, and submit to inspections upon request. It also prohibits direct-to-consumer shipping of nicotine products into South Dakota and restricts retailers to purchasing nicotine products only from licensed distributors.
Violations of the law may result in criminal penalties, civil fines, and potential license revocation. The bill also establishes a dedicated nicotine enforcement fund administered by the Department of Revenue.
Angela Kennecke, founder of Emily’s Hope, testified in support of the measure.
“This is a first step in regulating the vape industry in our state to protect our children from the harmful effects of nicotine,” Kennecke said.
Kennecke published a blog about the importance of regulating vape shops in South Dakota.
Public health advocates have raised concerns about youth nicotine use, noting that most vape products contain nicotine, a highly addictive substance that can affect adolescent brain development. Supporters of the bill argue that licensing distributors and strengthening enforcement tools help address gaps in oversight without restricting lawful adult purchases.
Under the proposal, retailers are not subject to new licensing requirements but may only source nicotine products from licensed distributors, a provision intended to improve supply chain accountability.
Emily’s Hope advocates for substance use prevention and youth education initiatives across South Dakota.
