Tobacco Free Environments —Vaping
Tobacco Free Environments —Vaping
State law, regulation, or district policy addresses vaping or electronic cigarette use.
South Carolina Code of Laws 16-17-501. Definitions.
(6) ‘Alternative nicotine product’ means any vaping product, whether or not it includes nicotine, including electronic smoking devices, that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. ‘Alternative nicotine product’ does not include:
- (a) a cigarette, as defined in Section 12-21-620, or other tobacco products, as defined in Section 12-21-800;
- (b) a product that is a drug pursuant to 21 U.S.C. 321(g)(1);
- (c) a device pursuant to 21 U.S.C. 321(h); or
- (d) a combination product described in 21 U.S.C. 353(g).
(7) ‘Electronic smoking device’ means any device that may be used to deliver any aerosolized or vaporized substance, including e-liquid, to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, vapor product, or e-hookah. ‘Electronic smoking device’ includes any component, part or accessory of the device, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance includes nicotine. ‘Electronic smoking device’ does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(8) ‘E-liquid’ means a substance that:
- (a) may or may not contain nicotine;
- (b) is intended to be vaporized and inhaled using a vapor product; and
- (c) is a legal substance under the laws of this State and the laws of the United States;
E-liquid does not include cannabis or CBD as defined under the laws of this State and the laws of the United States.
(9) ‘Vapor product’ means a powered vaporizer that converts e-liquid to a vapor intended for inhalation.
South Carolina Code of Laws 44-95-20 Places where smoking is prohibited
It is unlawful for a person to smoke or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for in this chapter:
- (1) public schools and preschools.
South Carolina Code of Laws 59-1-380. Tobacco and alternative nicotine product-free school board policy mandated.
(A) By August 1, 2019, every local school district in the State shall adopt, implement, and enforce a written policy prohibiting at all times the use of any tobacco product or alternative nicotine product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the local school administrative unit. The policy also must prohibit the use of any tobacco product or alternative nicotine product by persons attending a school-sponsored event at a location not listed in this subsection when in the presence of students or school personnel or in an area where smoking or other tobacco use is otherwise prohibited by law.
(B) The policy must include at least all of the following elements:
- (1) adequate notice to students, parents or guardians, the public, and school personnel of the policy;
- (2) posting of signs prohibiting at all times the use of tobacco products or alternative nicotine products by any person in and on school property; and
- (3) requirements that school personnel enforce the policy, including appropriate disciplinary action.
(C) Disciplinary actions for violating the policy may include, but not be limited to:
- (1) for students: administrator and parent or legal guardian conference, mandatory enrollment in tobacco prevention education or cessation programs, community service, in-school suspension, suspension for extracurricular activities, or out-of-school suspension;
- (2) for staff: verbal reprimand, written notification in personnel file, mandatory enrollment in tobacco prevention education, voluntary enrollment in cessation programs, or suspension;
- (3) for contract or other workers: verbal reprimand, notification to contract employer, or removal from district property; and
- (4) for visitors: verbal request to leave district property or prosecution for disorderly conduct for repeated offenses.
(D) The local school district shall collaborate with the Department of Health and Environmental Control, the Department of Alcohol and Other Drug Abuse Services, and the South Carolina Department of Education, as appropriate, to implement the policy, including as part of tobacco education and cessation programs and substance use prevention efforts.
(E) The policy may permit tobacco products or alternative nicotine products to be included in instructional or research activities in public school buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and the activity does not include smoking, chewing, inhaling, or otherwise ingesting the tobacco product or alternative nicotine product.
(F) For purposes of this section:
- (1) ‘Tobacco product’ has the same meaning as defined in Section 16-17-501.
- (2) ‘Alternative nicotine product’ has the same meaning as defined in Section 16-17-501.