SDCL § 10-50E-9 — Prohibited acts--Shipment--Sales--Samples--Purchase of product--Advertising--Responsible for agents

Effective January 1, 2027
10-50E-9 . Prohibited acts--Shipment--Sales--Samples--Purchase of product--Advertising--Responsible for agents.
A licensee may not:
(1) Ship, or cause to be shipped, a nicotine product to an individual to be consumed by the individual, except as otherwise provided in chapter 10-50C or under provisions of chapter 10-50D ;
(2) Sell, or offer to sell, a nicotine product to a person under the age of twenty-one years;
(3) Sell, or offer to sell, a nicotine product in a vending machine, except as provided in § 10-50E-8 ;
(4) Sell a nicotine product by phone, voice transmission, mail, internet, electronic-application-based service, curbside pick-up, or by any third-party means, except as otherwise provided in chapter 10-50C or under the provisions of chapter 10-50D ;
(5) Provide free samples of nicotine products to an individual;
(6) Purchase a nicotine product from a person that is not a licensed distributor or licensed wholesaler under chapter 10-50 or under the provisions of chapter 10-50D ; or
(7) Sell or cause to be sold a nicotine product where the product, container, or packaging includes a video game or mobile game capable of interfacing with an external gaming system or mobile application, or has a gaming functionality.
A licensee is responsible for, and may be subject to enforcement action for, any violation of this chapter committed by the licensee's employee, agency, agent, or clerk, while acting within the scope of employment or agency.
For purposes of this section, a sale of a nicotine product from a vending machine does not constitute a sale described under subdivision (4) of this section.