All Roll Calls
Yes: 423 • No: 376
South CarolinaS 0287126th General Assembly (2025-2026)Senate
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-95-65 SO AS TO PROVIDE REGULATIONS FOR THE SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS, TO PROVIDE PENALTIES FOR VIOLATIONS OF THE SECTION, AND TO PROVIDE CERTAIN TIMELINES AND EFFECTIVE DATES; AND BY AMENDING SECTION 16-17-501, RELATING TO TERMS DEFINED IN THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT," SO AS TO CHANGE THE DEFINITION OF "ELECTRONIC SMOKING DEVICE".
Sponsored By: Thomas C. Alexander (Republican)
Signed by Governor
Summary
Electronic Nicotine Delivery System Regulation
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
New penalties and seizures for illegal vapes
Inspectors may visit without warning and must recheck within 60 days after any violation. After the grace periods, agencies can seize and destroy unlisted ENDS found with distributors or retailers, and the business pays the costs. Importers, retailers, wholesalers, and distributors face fines that rise within 36 months: up to $500 for the first, $750–$1,000 for the second, $1,000–$1,500 for the third, and $1,500–$3,000 after that. Any other violation costs $500 per offense. A maker that lies in required certifications commits a misdemeanor. In Attorney General cases, the State can recover investigation costs and reasonable attorney’s fees. The Attorney General may issue rules to carry out and enforce these provisions. These enforcement powers take effect February 27, 2026.
Only listed vape products can be sold
Starting January 1, 2027, every maker must file a yearly certification for each ENDS product sold in South Carolina. It must show FDA status: the product was sold in the U.S. by August 8, 2016 with a PMTA filed by September 9, 2020 and still under FDA review or stayed, or it has an FDA marketing granted order, with copies of FDA letters attached. Makers pay $100 per product the first time they certify and $50 per product each year after. The Attorney General posts a public directory by February 1, 2027, or when first available, and updates it monthly. Once the directory is live, only products listed may be sold at retail in the State. Retailers have 60 days to sell or pull unlisted stock; distributors and wholesalers have 60 days to remove it from inventory. Makers not registered in South Carolina must keep an in‑state registered agent; foreign makers must have each importer keep one. When federal ENDS rules change, makers must send proof of compliance within 30 days. Selling a nonlisted product is treated as an unfair and deceptive trade practice.
Tougher rules on youth vaping and ads
The law expands “electronic smoking device” to cover any vape device, parts, and liquids. FDA‑approved drugs or devices are excluded. Sellers must check ID and may not sell to anyone who will not show proper proof of age. Ads on TV, radio, print, and digital must run where at least 85% of the audience is 18 or older. Labels and ads cannot use kid themes like candy names, cartoons, toys, or school supplies. These rules take effect February 27, 2026.
Sponsors & Cosponsors
Sponsor
Thomas C. Alexander
Republican • Senate
Cosponsors
Ronnie W. Cromer
Republican • Senate
Tom Davis
Republican • Senate
Jason Elliott
Republican • Senate
Michael W. Gambrell
Republican • Senate
Billy Garrett
Republican • Senate
Jeffrey R. Graham
Democrat • Senate
Lawrence K. "Larry" Grooms
Republican • Senate
Greg Hembree
Republican • Senate
Brad Hutto
Democrat • Senate
Josh Kimbrell
Republican • Senate
Russell L. Ott
Democrat • Senate
Ross Turner
Republican • Senate
Daniel B. "Danny" Verdin III
Republican • Senate
Overture Walker
Democrat • Senate
Jeff Zell
Republican • Senate
Roll Call Votes
Senate vote • 2/5/2026
(Electronic Nicotine Delivery System Regulation)to concur
Yes: 40 • No: 6
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Table Amendment 20 Amendment number 20
Yes: 54 • No: 45 • Other: 2
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Adopt Amendment 2 Amendment number 2
Yes: 45 • No: 61 • Other: 2
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Table Amendment 26 Amendment number 26
Yes: 50 • No: 48 • Other: 2
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Table Amendment 2 Amendment number 2
Yes: 45 • No: 58 • Other: 2
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Passage of Bill
Yes: 66 • No: 33 • Other: 2
House vote • 1/21/2026
(Electronic Nicotine Delivery System Regulation)Table Amendment 19 Amendment number 19
Yes: 59 • No: 44 • Other: 2
House vote • 5/7/2025
(Electronic Nicotine Delivery System Regulation)Table Motion to Adjourn Debate
Yes: 26 • No: 79
Senate vote • 3/19/2025
(Electronic Nicotine Delivery System Regulation)2nd Reading
Yes: 38 • No: 2
Actions Timeline
Act No. 97
3/5/2026legislatureEffective date 02/27/26
3/5/2026legislatureSigned By Governor
2/27/2026GovernorRatified R 101
2/25/2026legislatureRoll call Ayes-40 Nays-6
2/5/2026SenateConcurred in House amendment and enrolled
2/5/2026SenateRead third time and returned to Senate with amendments
1/22/2026HouseRoll call Yeas-66 Nays-33
1/21/2026HouseRead third time and sent to Senate
1/21/2026HouseAmended
1/21/2026HouseDebate adjourned until Tues., 1-13-26
5/7/2025HouseRequests for debate-Rep
5/6/2025HouseScrivener's error corrected
5/6/2025legislatureCommittee report: Favorable with amendment Judiciary
4/30/2025HouseReferred to Committee on Judiciary
3/25/2025HouseIntroduced and read first time
3/25/2025HouseRead third time and sent to House
3/20/2025SenateRoll call Ayes-38 Nays-2
3/19/2025SenateRead second time
3/19/2025SenateCommittee Amendment Adopted
3/19/2025SenateScrivener's error corrected
3/12/2025legislatureCommittee report: Favorable with amendment Medical Affairs
3/11/2025SenateReferred to Committee on Medical Affairs
1/29/2025SenateIntroduced and read first time
1/29/2025Senate
Bill Text
Introduced
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