H. B. 2661
(By Delegates Perdue, Hatfield, Spencer, Leach and Mahan)
February 24, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-9a,
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
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-9a. Selling of candy or fruit flavored cigarettes
(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 possess, import, sell,
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 or
regular 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, not including menthol.
(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.
NOTE: The purpose of this bill is to prohibit the sale of
candy or fruit-flavored cigarettes in this state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.