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South Dakota House Bill 1240 Establishes Licensing, Marketing, and Safety Mandates for Vapor Products

Original title: establish requirements for the distribution and sale of vapor products, and to provide a penalty therefor.

Last action · February 18, 2026: Placed on calendar pursuant to JR 6F-6Sponsors: Tim Goodwin and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

South Dakota HB 1240 establishes mandatory state licensing for distributors and retailers of s, sets strict ingredient and packaging standards, and creates penalties for violations. The bill requires age verification systems at retail locations, restricts flavored vapor sales to age-restricted venues, and creates the vapor product regulatory fund.

Why it matters

The measure directly alters operational and sales requirements for vape shops, convenience stores, and online sellers by imposing $100 distributor and $250 retailer annual licensing fees, mandatory record-keeping, and criminal penalties for non-compliance. It creates new administrative oversight through the Department of Revenue and the Department of Health.

Background
  • Representative Goodwin introduced HB 1240 during the 2026 legislative session of the South Dakota Legislature. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Distributors of vapor products

Distributors must secure an annual license, pay a $100 fee, maintain three years of transaction and shipping records, and comply with state inventory and safety regulations.

Directly affected

Retailers of vapor products

Retailers must obtain an annual license for $250, use approved third-party age verification systems, limit flavored product sales based on venue type, and restrict exterior advertising.

Directly affected

Department of Revenue

The department is tasked with issuing licenses, conducting inspections, collecting fees and civil penalties, and reporting annually to the Legislature.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What licenses are required to sell vapor products under HB 1240?
Sellers must obtain either a distributor license (costing $100) or a retailer license ($250) from the Department of Revenue, renewed annually, and hold a South Dakota sales and use tax license.
Are flavored vapor products banned entirely?
No, but flavored products other than tobacco, mint, or menthol can only be sold at retail locations that restrict entry to individuals 21 and older and derive at least 25% of their gross revenue from tobacco and s.
What ingredients are prohibited in vapor products?
s may only contain vegetable glycerin, propylene glycol, food-grade flavorings, and nicotine, and must conform to United States Pharmacopeia National Formulary or Food Chemicals Codex limits for contaminants like arsenic, cyanide, diacetyl, and vitamin E acetate.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · on the House floor.

Procedural history

5 actions
  1. Feb 18, 2026House
    Placed on calendar pursuant to JR 6F-6
  2. Feb 17, 2026House
    Report out of committee without recommendation
  3. Feb 17, 2026HouseCommittee
    Do Pass
  4. Feb 17, 2026House
    Scheduled for hearing
  5. Feb 2, 2026HouseIntroduced
    First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Motion failedHouse2/18/2026South Dakota LegislatureOfficial roll call ↗

Placed on calendar pursuant to JR 6F-6

Total

70

Yes
31
No
36
Present
0
Not voting
0
Abstain
0
Other positions
3

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Comprehensive State Vapor Regulation

The bill shifts vapor product oversight from general tobacco statutes into a dedicated licensing, ingredient safety, and regulatory framework managed by the Department of Revenue and Department of Health.

Connected Entities

Department of Health, United States Food and Drug Administration, Department of Revenue
OrganizationDepartment of Health“Promulgates manufacturing safety and sanitation rules for vapor products.”Map →
OrganizationUnited States Food and Drug Administration“Provides product exemptions for approved tobacco cessation products.”Map →
OrganizationDepartment of Revenue“Administers licensing, fees, and regulatory oversight for vapor products.”Map →

Sources

Open source document

sdlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 80)
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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