South Dakota - Tobacco-Free Environments: Policy or Plan Requirements

Policy Or Plan Requirements
Policy Type: 

State law prohibits any smoking or use of tobacco products on school grounds when students are present and/or requires districts to adopt tobacco-free school policies that address some CDC components.

South Dakota Codified Laws 34-46-20 Tobacco product includes vapor product

For the purposes of §§ 34-46-2 to 34-46-6, inclusive, and 34-46-21, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

South Dakota Codified Laws 34-46-10. Tobacco prevention and reduction plan

The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants:
(1) Community based programs;
(2) School based programs;
(3) State-wide programs;
(4) Cessation programs;
(5) Public education and counter marketing;
(6) Enforcement of effective tobacco laws;
(7) Evaluation of tobacco programs; or
(8) Administration and oversight.

South Dakota Codified Laws 34-46-13

Terms used in §§34-22-44.1 and 34-22-44.2 mean:
(1) “Enclosed area,” any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows;
(2) “Place of employment,” any enclosed area under the control of a public or private employer;
(3) “Public place,” any enclosed area to which the public is invited or in which the public is permitted.

South Dakota Codified Laws 34-46-14 Smoking in public or place of employment prohibited

No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense.

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