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 a framework to prohibit the sale of unauthorized devices. Retailers who sell tobacco products to individuals under 21 years of age will face escalating fines for repeat offenses, and those with unpaid fines will lose their ability to sell tobacco products until the fines are settled. Additionally, the Alcohol Beverage Control Commission is tasked with maintaining a tobacco noncompliance database and a list of authorized retailers and devices.

The legislation also outlines the responsibilities of manufacturers and wholesalers, requiring them to sell only authorized devices and provide certification to the Alcohol Beverage Control Commissioner. Manufacturers must submit annual certification forms, including proof of FDA marketing authorization, and pay a $500 fee for each device. The bill imposes strict penalties for violations, with fines for providing false information escalating from $25,000 for a first offense to $75,000 for subsequent violations. Wholesalers and retailers are prohibited from selling unauthorized devices and must verify compliance with the tobacco noncompliance database. Violations can result in fines ranging from $1,000 to $10,000, and repeat offenders may face a one-year suspension from selling electronic smoking devices. 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