The proposed "Vape and Smoke Retailer Location and Operating Requirements Act" in West Virginia establishes a regulatory framework for vape and smoke shop retailers. It requires these retailers to obtain a license from the Alcohol Beverage Control Commissioner, which includes background checks and an annual fee of $1,200. The bill defines key terms such as "vape or smoke retailer," "vapor product," and "tobacco-derived product," and outlines the qualifications for obtaining a license. It also prohibits the use of vape or smoke shops as residences and restricts the sale of certain vapor products, particularly those appealing to minors.

Additionally, the bill mandates periodic inspections and allows for written complaints regarding violations, with the Alcohol Beverage Control Commissioner having the authority to suspend operations until compliance is achieved. It establishes penalties for violations, including fines and potential criminal charges, and requires manufacturers to appoint an agent for service of process in West Virginia. The legislation emphasizes public health protections by enforcing labeling standards that require clear warnings and ingredient disclosures on vapor products, ultimately aiming to ensure responsible practices within the industry.

Statutes affected:
Introduced Version: 16-9H-1, 16-9H-2, 16-9H-3, 16-9H-4, 16-9H-5, 16-9H-6
Committee Substitute: 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, 16-9H-19
Engrossed Committee Substitute: 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