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 allows for unannounced compliance checks on retailers and wholesalers, imposes fines for violations, and requires foreign manufacturers to designate an agent for service of process in West Virginia. The Alcohol Beverage Control Administration Commissioner will have the authority to manage the directory and enforce compliance, including the seizure and destruction of non-compliant products. The bill also includes provisions for penalties for manufacturers and retailers who violate the directory requirements, as well as a reporting requirement for the commissioner to update the legislature on the directory's status and enforcement activities annually.

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