The proposed bill aims to establish a comprehensive E-cigarette and E-cigarette Liquid Directory in West Virginia, mandating that all manufacturers obtain marketing authorization from the United States Food and Drug Administration (FDA) before selling their products in the state. Manufacturers are required to submit annual certifications to the State Tax Commissioner and the Alcohol Beverage Control Commissioner, detailing each e-cigarette and e-cigarette liquid they sell. The bill also stipulates that products not listed in the directory cannot be sold, and it outlines the penalties for violations, including civil fines for unauthorized sales and potential misdemeanor charges for false representations.

Additionally, the bill grants enforcement and rule-making authority to the State Tax Commissioner and the Alcohol Beverage Control Commissioner, who will conduct unannounced compliance checks on retailers and wholesalers. It requires foreign manufacturers to appoint a local agent for service of process and mandates that the directory be publicly accessible. The bill also includes provisions for appeals regarding directory decisions and requires annual reporting on the directory's status and related enforcement activities. Overall, the legislation seeks to enhance regulation and oversight of e-cigarette products in West Virginia to ensure consumer safety and compliance with federal standards.

Statutes affected:
Introduced Version: 16-9H-1, 16-9H-2, 16-9H-3, 16-9H-4, 16-9H-5, 16-9H-6, 16-9H-7