Federal Law Raises Age to Purchase Tobacco to 21

On December 20, 2019 the President signed into law legislation raising the federal legal age for purchasing tobacco products to 21 years of age.  The Food and Drug Administration immediately posted the note below on their website even though the legislation provides time for the Secretary of Health and Human Services to develop rules and regulations prior to implementation.

Note: On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. it is now illegal for a retailer to sell any tobacco product - including cigarettes, cigars and e-cigarettes - to anyone under 21. FDA will provide additional details on this issue as they become available.

South Dakota statutes setting the legal age for purchasing tobacco products at 18 have not changed at this point. I anticipate this matter could be addressed during the 2020 legislative session.  It should be noted that the Food and Drug Administration conducts their own compliance checks that are not associated with the State of South Dakota compliance checks.  It is unknown at this time if the Food and Drug Administration will begin to conduct compliance checks with individual’s age 18-20 prior to the Secretary of Human Services releasing the final rules and regulations.  It should be noted that if a business fails a Food and Drug Administration compliance check the business receives a fine or citation.  This is unlike South Dakota law in which the clerk or individual that sold a tobacco product to the underage youth is held accountable and fined.