House approves bill letting certain vapor products be sold if manufacturers meet federal standards

The South Dakota House on Feb. 10 approved House Bill 10‑69 as amended, a measure that would allow vapor products to be sold in the state provided manufacturers meet specified consumer-safety and federal review standards.

Supporters said the bill does not ban vapor products but creates a path for legitimate manufacturers and retailers. Representative Steven Mulder, the bill’s sponsor, said the amendment removes a $100 distributor fee and that the expected revenue loss — “maybe a 10 to $15,000 impact” — did not justify creating a new administrative process. “So I'm fine with the amendment moving forward,” Mulder said, urging members to support the amended measure.

Representative Greg Heinemann, who offered the amendment, told colleagues he and the prime sponsor agreed most distributors are already licensed and the fee was “an unnecessary act.” Heinemann asked members to support the Heinemann motion to amend House Bill 10‑69 with Amendment 10‑69A; the amendment passed by voice.

Representative (first name not specified in transcript) Boulder summarized the measure’s substance on the floor, saying, “This bill does not ban vapor products. What it does though, it allows any vapor product to be sold as long as the manufacturer is complying with basic consumer safety laws.” Boulder described manufacturer requirements in the bill as including disclosure of ingredients and showing products do not contain harmful contaminants such as lead or arsenic, and that products be designed to “appeal only to adults, not kids.”

Representative Vandeira, speaking in support, said many residents use vapor products to stop smoking and that the bill’s intent is to “put appropriate guardrails in place for our most precious demographic, our youth.”

The House recorded final passage for House Bill 10‑69 as amended. The clerk announced the vote as ayes 57, nays 11, excused 1. The title was deemed correct.

Because the bill specifies manufacturer certifications and references Food and Drug Administration (FDA) premarket pathways, sponsors pointed to federal review as part of the compliance pathway. Supporters said the bill aims to keep retailers operating while requiring safety transparency and age‑targeting safeguards; opponents’ floor remarks were limited in the transcript excerpts.

House Bill 10‑69 moves forward as an amended bill; the transcript records the amendment and the final passage vote.