This bill proposes the addition of a new section, 16-9A-12, to the Code of West Virginia, which outlines specific prohibitions for retail licensees selling electronic smoking devices. The bill defines "electronic smoking device" and establishes a range of unlawful activities for retail licensees, including selling devices outside of their original packaging, selling to individuals under 21 or visibly impaired persons, and allowing consumption on the premises. It also prohibits the alteration or misrepresentation of products and sets forth guidelines for the employment of individuals under 18 in retail settings, provided they are supervised by someone 21 or older.

Additionally, the bill introduces criminal penalties for violations, classifying them as misdemeanors with fines ranging from $100 to $5,000 and potential jail time. It empowers the Department of Health and the Department of Agriculture to create regulations ensuring that only tested and approved electronic smoking devices are sold. The bill aims to enhance the regulation of electronic smoking devices and ensure compliance with safety standards in retail environments.

Statutes affected:
Introduced Version: 16-9A-12