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. The legislation imposes penalties on retailers who sell tobacco products to individuals under 21, with increasing fines for repeat offenses, and mandates that retailers with unpaid fines lose their ability to sell tobacco products. Additionally, the Alcohol Beverage Control Commission is tasked with maintaining a list of authorized devices and retailers, as well as a tobacco noncompliance database.

The bill also outlines specific responsibilities for 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 face escalating fines for providing false information. Wholesalers are prohibited from selling unauthorized devices and must verify retailer compliance with the tobacco noncompliance database. Retailers are similarly restricted from selling unauthorized devices and must maintain proof of FDA authorization, with penalties for violations ranging from $1,000 to $10,000. 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