Bill > S0287

This bill establishes regulations for the sale of Electronic Nicotine Delivery Systems (ENDS) products in South Carolina, defining ENDS products as non-combustible devices that produce vapor from nicotine solutions, excluding FDA-regulated drugs. Manufacturers must annually certify to the Attorney General that their ENDS products were either on the market before August 8, 2016, and have a pending or granted marketing order from the FDA, or have received a marketing order. The Attorney General will maintain a public directory of certified ENDS products and manufacturers, updated monthly, and notify businesses of changes. Selling ENDS products not listed on this directory will result in daily fines for manufacturers, and distributors and retailers will face escalating penalties for violations, with seized products subject to destruction at their expense. The bill also prohibits marketing ENDS products using terms or imagery appealing to minors, such as candy names or cartoon characters, and restricts advertising to audiences where at least 85% are expected to be 18 or older, with no health claims allowed. Retailers must have a valid South Carolina Retail License and disclose ENDS sales to the Department of Revenue. The bill sets specific timelines for manufacturer certification by January 1, 2027, and for the directory to become operational by February 1, 2027, after which sales of unlisted ENDS products will be prohibited, with grace periods for retailers and distributors to clear their inventory. The definition of "electronic smoking device" is also updated to include ENDS products.

Health and Social Services, Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0287&session=126&summary=B