The proposed 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 a tobacco noncompliance database to track violations. Key provisions include prohibiting the sale of unauthorized devices, imposing penalties for selling authorized devices to individuals under 21, and requiring manufacturers to provide documentation to wholesalers and retailers. The Alcohol Beverage Control Commissioner is tasked with maintaining a list of authorized devices and retailers, and the bill outlines enforcement mechanisms to ensure compliance with these regulations.

Additionally, the bill mandates that manufacturers submit annual certification forms, including proof of FDA marketing authorization, and imposes escalating fines for providing false information. Wholesalers are prohibited from selling unauthorized devices and must verify retailer compliance with tobacco regulations starting September 1, 2025. Retailers are also required to maintain proof of FDA authorization for the devices they sell, with significant penalties for violations, including potential loss of selling privileges. The legislation aims to prevent underage access to electronic smoking devices and ensure adherence to federal standards, with all collected fees and penalties directed towards 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