The proposed bill aims to establish comprehensive regulations for the sale of intoxicating, nicotine, and controlled retail products in West Virginia through the creation of "The Intoxicating and Nicotine Retail Licensing and Public Safety Act." This legislation introduces a new article to the Code of West Virginia, which includes the formation of the Division of Regulated Products and Retail Compliance within the Alcohol Beverage Control Administration. The bill outlines the requirements for state and county licenses, documentation sharing, inspection authority, and local enforcement mechanisms to ensure compliance with safety and health standards. It emphasizes the need for a unified regulatory framework to address public health concerns related to unregulated sales of products such as vape devices, intoxicating hemp derivatives, and drug-test-fraud devices.

Key provisions of the bill include the requirement for retailers to obtain both a state license and a county operating permit, adherence to strict advertising and operational standards, and the necessity for third-party testing and certification of products. The legislation also imposes penalties for violations, including civil fines and potential license revocation. Additionally, it mandates that all costs associated with compliance, testing, and documentation be borne by the retailers, manufacturers, and distributors, ensuring that no state funds are used for these purposes. Overall, the bill seeks to enhance public safety and health by regulating the sale of potentially harmful products and empowering local authorities to enforce these regulations effectively.

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, 16-9H-8, 16-9H-9, 16-9H-10, 16-9H-11, 16-9H-12, 16-9H-13, 16-9H-14, 16-9H-15, 16-9H-16, 16-9H-17, 16-9H-18