SB 816
Prohibiting sales of unauthorized vape products
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to prevent the sale of unauthorized vape products in West Virginia. It establishes definitions for ‘authorized electronic smoking device’ and ‘electronic smoking device,’ outlines penalties for selling unauthorized devices to adults and minors, and requires retailers to verify they are not in a tobacco noncompliance database. The bill also mandates reporting of citations to the Alcohol Beverage Control Commission and requires manufacturers to provide authorizing documentation to wholesalers and retailers, while also establishing a system for tracking retailers and devices.
Key provisions
- Defines ‘authorized electronic smoking device’ based on FDA authorization or pre-2016 marketing with a pending application.
- Sets penalties for selling unauthorized devices to individuals under 21 years of age.
- Requires retailers to verify they are not in a tobacco noncompliance database before selling electronic smoking devices.
- Mandates manufacturers to provide authorizing documentation to wholesalers and retailers.
- Establishes a system for the Alcohol Beverage Control Commission to maintain a list of retailers and a tobacco noncompliance database.
- Permits existing enforcement entities to enforce the new provisions.
- Requires wholesalers to sell only authorized devices.
- Requires manufacturers to face fines for providing false or misleading information.
Who is affected
- Retailers of tobacco and vaping products
- Manufacturers of electronic smoking devices
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