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Committee Substitute House Bill 2661 History

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HB2661 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2661

(By Delegates Perdue, Hatfield, Spencer, Leach and Mahan)


(Originating in the Committee on the Judiciary)


[March 28, 2005]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy or fruit-flavored cigarettes in this state.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-9A-9a, to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-9a. Selling of candy or fruit flavored cigarettes prohibited; penalties.

(a) The Legislature finds that minors in this state have been enticed into smoking tobacco by the introduction of various candy and fruit-flavored cigarettes into commerce. Recognizing that the introduction and distribution of these flavored cigarettes into the commercial stream in this state will likely entice children to try cigarette smoking to the point of addiction, resulting in tragic and deleterious consequences to the health of these children in later years. The Legislature finds that the current general prohibition of selling tobacco products to children is an insufficient and ineffective means in which to address the problem. The Legislature, therefore, adopts a public policy that the importation, sale and distribution of candy and fruit-flavored cigarettes in this state cannot be tolerated.

(b) Notwithstanding any other provision of law to the contrary, no person or business entity shall import, sell, possess or import with the intent to sell or distribute, or offer for sale or distribute any tobacco product commonly referred to as a candy or fruit flavored, or otherwise flavored cigarette: Provided, That this prohibition does not apply to menthol, regular or traditional tobacco cigarettes.
(c) For purposes of this section, "candy or fruit flavored, or otherwise flavored cigarettes" means a cigarette containing tobacco that is advertised and flavored in such a manner as to convey the perception, and during use, the taste, smell or sensation of candy, fruit or some other flavor, not traditionally associated with tobacco products. Such prohibited candy or fruit flavored cigarette flavors include, but are not limited to, berry, strawberry, raspberry, cranberry, boysenberry, blackberry, blueberry, cherry, peach, kiwi, guava, mango, pear, plum, apricot, passion fruit, raisin, grape, apple, banana, pineapple, coconut, watermelon, tangerine, orange, mandarin, lemon, lime, or any other fruit flavor, cinnamon, licorice, mint or any other herb or spice flavor, coffee, toffee, butterscotch, almond, hazelnut, peanut, or any other nut flavor, mocha, vanilla, or chocolate: Provided, That menthol, regular or traditional tobacco flavored cigarettes are not included as prohibited flavors.

(d) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars, and upon a second or subsequent conviction, shall be fined not less than one thousand nor more than five thousand dollars for each offense, or confined in jail not more than six months, or both.
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