Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-49-1 Definition of terms
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Terms used in this chapter mean: (1) "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" include…
SDCL § 34-49-10 Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements
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A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§ 34-49-2 to 34-49-7 , inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hu…
SDCL § 34-49-11 Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements
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A retailer who knowingly sells or offers to sell cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no…
SDCL § 34-49-12 Civil penalties for false certification by manufacturer
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In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to § 34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dolla…
SDCL § 34-49-13 Other civil penalties
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Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent…
SDCL § 34-49-14 Seizure of cigarettes lacking certification or marking--Notice prior to destruction
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If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by § 34-49-8 or that have not been marked as required by § 34-49-9 , such person is hereby autho…
SDCL § 34-49-15 Injunctive relief, costs and damages--Separate civil violations
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In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including: (1) Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, r…
SDCL § 34-49-16 Disclosure of information among secretary, attorney general, and state fire marshal
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For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter. Source: SL 2009, ch 172 , § 16, eff. Jan. 1, 2011.
SDCL § 34-49-17 Examination of books and records
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To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any prem…
SDCL § 34-49-18 Cigarette fire safety standard act fund created
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There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be depo…
SDCL § 34-49-19 Out-of-state sales permitted
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Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§ 34-49-2 to 34-49-7 , inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United S…
SDCL § 34-49-2 Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking
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Except as provided in § 34-49-7 , no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this…
SDCL § 34-49-20 Certain sales of existing inventory on or after January 1, 2011 permitted
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Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January 1,…
SDCL § 34-49-21 Preemption of local laws, ordinances, and regulations
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This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact …
SDCL § 34-49-22 Repeal upon express federal preemption
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The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective. Source: SL 2009, ch 172 , § 22, eff. Jan. 1, 2011.
SDCL § 34-49-23 Construction of chapter with law of other states
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It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states. Source: SL 2009, ch 172 , § 23, eff. Jan. 1, 2011.
SDCL § 34-49-3 Use of lowered permeability bands to meet performance standard--Requirements
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Each cigarette listed in a certification submitted pursuant to § 34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrou…
SDCL § 34-49-4 Alternative test method and performance standard
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A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in § 34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test me…
SDCL § 34-49-5 Retention of test reports--Copies to be made available--Civil penalty for violation
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Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer …
SDCL § 34-49-6 Subsequent ASTM Standard Test Method
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The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared t…
SDCL § 34-49-7 Sale of cigarettes for purpose of consumer testing not prohibited
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The requirements of § 34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a…
SDCL § 34-49-8 Certification of testing and compliance with performance standard--Contents
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Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter. Each cigarette listed in the ce…
SDCL § 34-49-9 Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper
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No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only ap…