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WV SB900
Bill
Status
3/24/2025
Primary Sponsor
Mike Stuart
Click for details
AI Summary
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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
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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
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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
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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
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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