FOR AN ACT ENTITLED, An Act to regulate the sale of dextromethorphan and to provide a penalty thereto.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, dextromethorphan is the dextroratatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levoratory forms.    Section 2. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    No person, corporation, or retail distributor may willfully and knowingly supply, deliver, or give possession of a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan to a person under eighteen years of age in an over-the-counter sale without a prescription. A violation of this section is punishable by a fine not exceeding two hundred fifty dollars.

    The fine imposed pursuant to section 2 of this Act may not be imposed on a retail clerk who

fails to require and obtain proof of age from the purchaser unless the retail clerk is a willful participant in an ongoing criminal conspiracy to violate the provisions of this Act prohibiting the sale of dextromethophan to minors.
        Section 3. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    It is an affirmative defense to any criminal prosecution under section 2 of this Act that a person, corporation, or retail distributor, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon bona fide evidence of majority and identity.
    Section 4. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, bona fide evidence of majority and identity is a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, that bears the name, date of birth, description, and picture of the person.
        Section 5. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any dextromethorphan product in violation of § 34-20D-1.
    Section 6. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter.