This bill seeks to amend the Code of West Virginia to enhance the regulation of electronic smoking devices and related 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, while manufacturers must provide documentation to wholesalers and retailers. The bill also creates a tobacco noncompliance database to track violations and outlines enforcement mechanisms, including inspections and compliance checks using minors.

Additionally, the legislation requires manufacturers to submit annual certification forms proving FDA marketing authorization for their devices, along with a $500 fee for each device. It prohibits wholesalers from selling unauthorized devices and mandates that they verify retailers against the tobacco noncompliance database. Retailers are also barred from selling unauthorized devices and must maintain proof of FDA authorization, with fines for violations ranging from $1,000 to $10,000. The bill emphasizes that all fees and penalties collected 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