According to Keloland's report on February 6th, a bill aimed at regulating e-cigarette products in South Dakota has been approved by the House Health and Human Services Committee. The bill passed with a 7-5 vote and has now been submitted for consideration by the full house.
House Bill 1069 mandates that e-cigarette product retailers in the state must obtain certification from the manufacturer of the e-cigarette product they are selling or providing. Additionally, individuals must register with the state's Department of Revenue before retailing e-cigarette products. If an individual owns or operates multiple retail locations, each location must be registered separately.
If e-cigarette products that do not meet certification requirements are found in the state, they should be treated as contraband and properly disposed of. Any distributor selling or distributing uncertified e-cigarette products within the state will be convicted of a Class 2 misdemeanor. Republican lawmaker Brian Mulder stated that the bill aims to crack down on illegal products, clean up the e-cigarette industry, and eliminate unauthorized products.
The South Dakota Retailers for Better Alternatives is opposed to the bill. Jordan Mason believes that the legislation proposes unconstitutional restrictions, severely impacts small businesses, and threatens public health.
Kurt Kadlik, vice president of the South Dakota Retailers Association, pointed out that manufacturers in other states have sued the FDA due to the PMTA process. He believes that this regulation will consume the state's limited resources to enforce an FDA regulatory scheme that a court has deemed illegal, ultimately leading to the closure of hundreds of businesses in South Dakota.
Mason stated that if the bill is passed, it will give the major tobacco companies a dominant position in the South Dakota market. He mentioned that out of the 26 million applications in the FDA's PMTA process, only 23 have been approved, and all of these products are owned by the major tobacco companies.
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