This bill proposes the establishment of an ENDS (Electronic Nicotine Delivery Systems) product directory in West Virginia, which will regulate the distribution and sale of ENDS products sold at retail. Manufacturers will be required to obtain market authorization from the United States Food and Drug Administration (FDA) before selling their products. The bill mandates that manufacturers submit annual certifications confirming compliance with the new regulations, including proof of FDA marketing orders or applications. Additionally, the bill outlines the process for maintaining the directory, which will include details about each ENDS product, and stipulates that products not listed in the directory cannot be sold in the state.

To enforce these regulations, the bill includes provisions for unannounced compliance checks for retailers and wholesalers, as well as penalties for violations. Retailers and manufacturers who sell unapproved ENDS products may face civil penalties, and repeated violations could be classified as deceptive trade practices. The bill also designates the Secretary of State as an agent for service of process for resident manufacturers and requires foreign manufacturers to appoint a local agent. The Alcohol Beverage Control Administration Commissioner will have the authority to enforce these regulations and will provide annual reports to the legislature on the status of the directory and related enforcement activities.

Statutes affected:
Introduced Version: 16-9H-1, 16-9H-2