The proposed bill amends the Code of West Virginia to enhance the regulation of electronic smoking devices and related products. It prohibits the sale of unauthorized devices and establishes penalties for selling authorized devices to individuals under 21 years of age. New definitions are introduced, including "authorized electronic smoking device," "retailer," and "tobacco noncompliance database and reporting system." The bill mandates the Secretary of State to create a list of retailers selling these devices and requires the Alcohol Beverage Control Commissioner to maintain a list of authorized devices and retailers. Enforcement mechanisms are outlined, allowing law enforcement to conduct inspections and utilize minors for compliance checks, with fines imposed for violations.

Additionally, the bill requires manufacturers to submit annual certification forms proving FDA marketing authorization for their devices, along with a $500 fee for each device. It establishes penalties for providing false information, with fines escalating from $25,000 for first violations to $75,000 for subsequent ones. Wholesalers must verify that retailers are not listed in the tobacco noncompliance database before selling authorized devices, while retailers must maintain proof of FDA authorization. Violations can result in fines ranging from $1,000 to $10,000, and repeat offenders may lose their ability to sell electronic smoking devices for a year. 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