WV HB5437

Establishes the "Vape Safety Act" requiring all vape and smoke shops in West Virginia to obtain an annual license from the Alcohol Beverage Control Commissioner at a cost of $1,200 per year

Creates a Vapor Product Directory by July 1, 2026, requiring all vapor product manufacturers to certify their products have FDA marketing authorization or pending applications, with a $100 fee per product

Prohibits sale of vapor products not listed in the directory beginning September 1, 2026, with violations subject to civil penalties of $100 per day per product until compliance is achieved

Requires background checks and citizenship verification for license applicants, with disqualification possible for crimes bearing a "rational nexus" to the vaping industry

Mandates at least 33% of vape shops and wholesalers undergo unannounced compliance checks annually, with follow-up inspections within 30 days for any violations