S.D. Codified Laws § 34-49-10

A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§ 34-49-2 to 34-49-7, inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by § 34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§ 34-49-2 to 34-49-7, inclusive.