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WV SB900

Bill

Status

Introduced

3/24/2025

Primary Sponsor

Mike Stuart

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Prohibits retailers from selling "unauthorized electronic smoking devices" — only devices with FDA marketing authorization or those with pending applications submitted by September 9, 2020 may be legally sold in West Virginia, effective September 1, 2025

  • Establishes a tiered penalty system for violations: retailers face fines of $1,000 for first offense up to $10,000 per transaction if placed in noncompliance database; wholesalers face $5,000-$15,000 fines; manufacturers face $25,000-$75,000 fines for providing false information

  • Requires the Alcohol Beverage Control Commission to maintain and publish monthly online directories of authorized electronic smoking devices, approved manufacturers, and compliant retailers, plus a tobacco noncompliance database tracking violators

  • Mandates manufacturers pay $500 annually per electronic smoking device for certification and provide FDA authorization documentation; retailers must keep copies of FDA authorization at physical locations where devices are sold

  • Retailers with three or more violations within two years lose the ability to sell electronic smoking devices for one year; those with unpaid fines more than 60 days overdue cannot sell tobacco products until fines are paid

Legislative Description

Limiting sale of vape products in WV

Health

Last Action

To Judiciary

3/24/2025

Committee Referrals

Judiciary3/24/2025

Full Bill Text

No bill text available