South Carolina is considering a bill, H.3681, which would make it illegal for local governments to enforce local restrictions on cigarette, e-cigarette, vape, and other tobacco and nicotine product sales. The bill aims to create uniform tobacco regulations statewide for businesses operating in multiple locations. Existing local laws and ordinances enacted before 2021 would be unaffected. The legislation would not stop cities and counties from establishing no-smoking areas or zoning ordinances banning sales near schools.
The bill also includes language from a proposal by Senate Minority Leader Brad Hutto, designed to crack down on stores illegally selling nicotine products to minors. Hutto's amendment prohibits minors from entering stores primarily selling tobacco and nicotine products and establishes a new tobacco rules retail sales license requirement. The state Department of Revenue would regulate these licenses and make annual unannounced visits to retailers.
Penalties for retailers caught illegally selling to minors would increase, with license suspensions and fines based on the number of offenses within a three-year period. The American Cancer Society opposes the ban on local governments imposing their own tobacco rules, arguing that South Carolina needs local laws to protect minors.
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