§ 130.44  ELECTRONIC CIGARETTES.
   (A)   Definitions.  The words and phrases defined in this section, shall, when used in this section, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning.
      TOBACCO PRODUCT.  Includes vapor product.
      VAPOR PRODUCT.  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.
(SDCL § 34-46-20)
   (B)   Prohibited.  No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:
      (1)   A vending machine permitted under SDCL § 34-46-2(5); or
      (2)   Located in a tobacco specialty store.
(SDCL § 34-46-21) Penalty, see § 130.99