State of South Dakota  

HOUSE BILL   NO.     1162  

Introduced by:     Representatives Cutler, Engels, Hunt, Juhnke, Rounds, Turbiville, Wick, and Willadsen and Senators Gant, Dempster, Gray, Kloucek, and Koetzle  

         FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the sales and distribution of tobacco products.
     Section  1.  That § 34-46-1 be amended to read as follows:
     34-46-1.   Terms used in this chapter mean:
             (1)      "Proof of age," a driver's license, nondriver identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;
             (2)      "Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;
             (3)      "Sampling," the distribution of samples to members of the general public in a public place;
             (4)      "Self-service display," a display that contains any tobacco product and is located in an area openly accessible to the general public, and from which the general public can readily access a tobacco product without the assistance of a salesperson. A

display case that holds tobacco products behind locked doors does not constitute a self-service display;

             (5)     "Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco.
     Section  2.  That § 34-46-2 be amended to read as follows:
     34-46-2.   The following actions are unlawful:
             (1)      To knowingly sell or distribute a tobacco product to a person under the age of eighteen;
             (2)      To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of eighteen;
             (3)      To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of eighteen;
             (4)     To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;
             (4) (5)      To sell tobacco products through a vending machine located in a place other than the following:
             (a)      A factory, business, office, or other place not open to the general public;
             (b)      A place that is open to the public but to which persons under the age of eighteen are denied access; or
             (c)      An establishment licensed under chapter 35-4 to sell alcoholic beverages for consumption on the premises where sold;
             (6)    To sell tobacco products through any vending machine if such products are placed together with any nontobacco product, other than matches, in the vending machine;
             (7)    To sell or distribute tobacco products through a self-service display other than a

vending machine permitted pursuant to subdivision (5);

             (5) (8)      To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of eighteen.