Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes regulations on the sale of nicotine vapes in South Carolina.

Highlights:

• Defines “ENDS product” as an electronic nicotine delivery system intended for retail sale in South Carolina (Sec. 1).

• Requires all manufacturers of ENDS products to submit verification to the Attorney General of the following (Sec. 1):

• That the product was on the market in the U.S. as of August 8, 2016, and the manufacturer has applied for a marketing order for the product; or

• That the manufacturer has received a marketing granted order from the U.S. Food and Drug Administration (FDA).

• Requires retailers to provide a certification form with each brand name, category, product name, flavor, and manufacturer names and locations, as well as any other information required by the Attorney General (Sec. 1).

• Requires the Attorney General to maintain a directory of all approved manufacturers of ENDS products that have provided certifications, including all information provided in the certification form, and make this directory available to the public (Sec. 1).

• Requires the Attorney General to provide notice and 14 days time to cure deficiencies before removing a manufacturer from the directory (Sec. 1).

• Establishes a $100 fee for each ENDS product for which a manufacturer submits a certification, and a $50 annual renewal fee for each ENDS product to remain in the directory (Sec. 1).

• Establishes a $1,000 daily fine for each product that a manufacturer offers for sale in violation of this section (Sec. 1).

• Authorizes the South Carolina Law Enforcement Division or Department of Revenue to seize and destroy any ENDS product that is not listed in the directory, after a 60 day grace period from the publication of the directory, or the removal of a product from the directory (Sec. 1).

• Prohibits an importer, retailer, wholesaler, or distributor of ENDS products from dealing an ENDS product not listed in the directory, and establishes the following penalties for violation (Sec. 1):

• Up to $500 for a first violation;

• $750-$1,000 for a second violation within a 36 month period;

• $1,000-$1,500 for a third violation within a 36 month period; and

• $1,500-$3,000 for a fourth or subsequent violation within a 36 month period.

• Authorizes unannounced compliance checks on retailers, wholesalers, and distributors to enforce this section (Sec. 1).

• Prohibits the sale of ENDS products that use various food or desert related terms, images of children’s toys or characters, trademarked brand replications, or imagery of school supplies in its marketing/labeling (Sec. 1).

• Prohibits marketing ENDS products to predominantly minor audiences and in any way that makes a health or therapeutic claim (Sec. 1).

• Specifies that the first certification required under this Act is required by January 1, 2027 (Sec. 2).

• Specifies that this Act takes effect immediately upon passage (Sec. 4).

Full Bill Text