SB 130
Creating E-cigarette and E-cigarette Liquid Directory
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates a directory of e-cigarette and e-cigarette liquid manufacturers and products sold in West Virginia. Manufacturers must obtain FDA marketing authorization and register with the State Tax Commissioner and the Alcohol Beverage Control Commissioner to be included in the directory. Retailers and wholesalers must only sell products listed on the directory, and penalties apply for non-compliance. The directory will be publicly available, and the Commissioner will have enforcement and rule-making authority.
Key provisions
- Requires manufacturers to submit annual certifications to the State Tax Commissioner and the Alcohol Beverage Control Commissioner listing their e-cigarettes and e-cigarette liquids.
- Mandates FDA marketing authorization for e-cigarettes and e-cigarette liquids before sale in West Virginia.
- Prohibits the sale of e-cigarettes and e-cigarette liquids not listed on the directory.
- Requires retailers and wholesalers to remove non-listed products from inventory within 21 days of removal from the directory.
- Establishes civil penalties for violations, including daily fines and potential seizure of contraband products.
- Requires foreign manufacturers to designate a West Virginia agent for service of process.
- Authorizes the State Tax Commissioner and the Alcohol Beverage Control Commissioner to conduct unannounced compliance checks.
- Provides a process for manufacturers to appeal decisions regarding inclusion or removal from the directory.
Who is affected
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