The proposed bill aims to amend the Code of West Virginia by establishing a new article focused on the regulation of Electronic Nicotine Delivery Systems (ENDS) products. It mandates that all manufacturers of ENDS products sold in West Virginia must apply for market authorization from the United States Food and Drug Administration (FDA) before their products can be sold. The bill requires manufacturers to submit annual certifications confirming compliance with the law, including details about each ENDS product, and establishes a directory that lists all compliant products. The directory will be maintained by the Alcohol Beverage Control Administration Commissioner and will be publicly accessible.

Additionally, the bill outlines strict penalties for violations, including civil fines for retailers and manufacturers who sell non-compliant ENDS products. It also includes provisions for unannounced compliance checks for retailers and wholesalers, and mandates that foreign manufacturers designate an agent for service of process within the state. The bill emphasizes the importance of maintaining accurate records and provides the commissioner with the authority to enforce compliance, including the seizure and destruction of non-compliant products. Overall, the legislation seeks to enhance public health protections related to the sale and distribution of ENDS products in West Virginia.

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