This bill amends the Code of West Virginia to enhance the regulation of electronic smoking devices and tobacco products. It introduces new definitions such as "authorized electronic smoking device" and "retailer," and establishes penalties for selling unauthorized devices or selling authorized devices to individuals under 21 years of age. Retailers are mandated to verify the age of purchasers, with escalating fines for violations. The Secretary of State is tasked with creating a list of retailers selling electronic smoking devices, while the Alcohol Beverage Control Commissioner will maintain a list of authorized devices and retailers, as well as a tobacco noncompliance database.

Additionally, the bill imposes strict regulations on manufacturers, requiring them to sell only authorized products and submit annual certifications to the Alcohol Beverage Control Commissioner, including proof of FDA marketing authorization and a $500 fee for each device. Wholesalers are prohibited from selling unauthorized devices and must ensure retailers are not listed in the tobacco noncompliance database. Retailers face fines ranging from $1,000 to $10,000 for violations, with repeat offenders potentially losing their ability to sell electronic smoking devices. The bill emphasizes that all collected fees and penalties will be allocated for the administration and enforcement of these regulations.

Statutes affected:
Introduced Version: 16-9A-2, 16-9A-3, 16-9A-7, 16-9A-12, 16-9A-13, 16-9A-14, 16-9A-15, 16-9A-16