Rep. LANDING proposes the following amendment (LC-287.VR0017H):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-95-65(B) and (C) and inserting:

 (B) Every manufacturer of ENDS products that are sold in this State, whether directly or through a distributor, retailer, or similar intermediary, shall annually execute and deliver under penalty of perjury to the Attorney General on a form prescribed by the Attorney General a certification verifying either:
  (1) the ENDS product was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order pursuant to 21 U.S.C. Section 387j for the ENDS product by submitting a premarket tobacco product application on or before September 9, 2020, to the FDA and either the premarket tobacco product application for the product remains under review by the FDA or the FDA has issued a marketing denial order for the product from the FDA but the agency or a federal court has issued a stay order or injunction; or
  (2) the manufacturer has received a marketing granted order pursuant to 21 U.S.C. Section 387j for the product from the FDA.; or
  (3) the consumable nicotine liquid solution was processed or blended in the United States at a facility subject to FDA inspection and the finished consumable nicotine liquid solution was not manufactured and imported from a foreign adversarial country. As used in this item "foreign adversarial country" means a country designated by the United States Department of Commerce under 15 CFR 791.4 on January 1, 2025.
 (C) In addition to the requirements in subsection (B) of this section, each manufacturer shall provide a copy of the acceptance letter issued by the FDA pursuant to 21 U.S.C. Section 387j for a timely filed premarket tobacco application, a copy of the marketing granted order issued pursuant to 21 U.S.C. Section 387j, or a document issued by the FDA or by a court confirming that the premarket tobacco product application received a denial order that has been and remains stayed by the FDA or court order, rescinded by the FDA, or vacated by a court; or the facility producing the finished consumable nicotine liquid solution is a United States-based manufacturing facility subject to FDA inspection.

Amend the bill further, SECTION 1, by striking Section 44-95-65(N)(1) and inserting:

 (N)(1) Except as provided in items (2) and (3) of this subsection, beginning April 1, 2026June 1, 2027, or on the date that the Attorney General first makes the directory available for public inspection on its official website, whichever is later, ENDS products not included in the directory, may not be sold for retail sale in South Carolina, either directly or through an importer, distributor, wholesaler, retailer, or similar intermediary or intermediaries.

Amend the bill further, by striking SECTION 2 and inserting:

SECTION 2. (A) The first certification required pursuant to Section 44-95-65(B) shall be required by April 1, 2026June 1, 2027.
 (B) The directory established pursuant to Section 44-95-65(G) shall be operational by April 1, 2026June 1, 2027, or on the date that the Attorney General first makes the directory available, whichever is later. The Attorney General shall notify retailers, wholesalers, and distributors of ENDS products when the directory is operational.

Renumber sections to conform.

Amend title to conform.