South Dakota adheres to the federally mandated minimum smoking age of 18.
Tobacco laws in South Dakota are controlled by the state government. By and large, tobacco laws in the state pertain to the manufacture and sale of tobacco products. House Bill 1240, which supports a smoking ban, was created with large support from the American Cancer Society.
House Bill 1240
Enacted by the 84th session of the legislative assembly of South Dakota in 2009, House Bill 1240 prohibits smoking tobacco in any public place or place of employment. The law also prohibits the carrying of lighted tobacco products in like places. Anyone in violation of this law will be charged with a Class 2 misdemeanor. HB1240 stipulates that persons who own, operate, manage, maintain or otherwise control a space falling under the jurisdiction of this law must inform both a person in violation and a law enforcement agent or agency of the violation. The bill faced strong opposition when it was revealed that restaurants, casinos and bars would be included in the "work place" provision of the bill. In November of 2010, residents of South Dakota were expected to vote on the law.
Manufacture, Distribution, and Wholesale Laws
The Special Taxes Division of South Dakota is in charge of controlling the sale, manufacture of tobacco in the state, from retail to wholesale and Internet distributors. All distributors, wholesalers, and manufacturers of tobacco products are required to purchase tax stamp credits from the state government. A tax stamp for tobacco products includes both a standard retail tax as well as a health impact fee for the adverse affects of both first- and secondhand smoke.
Tobacco Laws
Laws governing tobacco retailers in South Dakota are maintained and enforced by the Special Taxes Division. The division keeps a list of all approved tobacco products and brands that may be sold in the state. The sale of any brand or product not on this list is illegal. The list can be found on the division's website. The division enforces tax laws on cigarettes bought from online sources by South Dakota residents and requires that all tobacco retailers in the state be officially registered and licensed.
Tags: South Dakota, tobacco products, Bill 1240, House Bill, House Bill 1240, Special Taxes, Special Taxes Division