The proposed bill aims to establish the Vape Regulation and Enforcement Act in West Virginia by adding a new article to the state code. This legislation defines "vapes" and "vape cartridges" as devices used to inhale vapor containing nicotine and flavoring, and mandates that any business intending to sell these products must obtain a license. The licensing process includes requirements for identifying information about the owner and responsible person, demographic details, and a background check for the owner or operator. Additionally, the bill stipulates that the sale of vapes and vape cartridges must adhere to the same regulations as alcohol sales in the state.

The Alcohol Beverage Control Administration (ABCA) is designated as the regulatory authority for the sale of vape products, with the power to maintain a state registry of these products and establish rules governing their sale. The ABCA will also oversee advertising regulations, aligning them with those for Limited Video Lottery terminals. Furthermore, the bill empowers the ABCA to impose penalties for violations related to the sale of vapes and vape cartridges, including the authority to suspend or revoke business licenses based on employee actions.

Statutes affected:
Introduced Version: 16-9H-1