Senate Bill No. 769
(By Senators Kessler, Jenkins, Laird, Oliverio, Palumbo,
Stollings, Williams, Yost, Barnes and Hall)
_____________
[Originating in the Committee on the Judiciary;
reported April 1, 2009.]
_____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-10, relating
to prohibiting the possession, sale, importation or
distribution of dissolvable tobacco products within the state;
and establishing penalties for violations.
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-10, to read as
follows:
ARTICLE 9A.TOBACCO USAGE RESTRICTIONS.
§16-9A-10. Selling of dissolvable prohibited; penalties.
(a) The Legislature finds that young people in this state have
been enticed into smoking or using tobacco products by first using or experimenting with dissolvable tobacco products. Recognizing
that the use of dissolvable tobacco is an emerging public health
problem, the Legislature hereby adopts a public policy that the
dissolvable tobacco products should not be imported, sold or
distributed in the State of West Virginia.
(b) Notwithstanding any other provision of law, no person or
business entity shall possess, import, sell, offer for sale or
distribute any dissolvable tobacco product.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $500; and upon a second or subsequent
conviction thereof, shall be fined not less than $1,000 nor more
than $5,000 for each offense, or confined in a county or regional
jail not more than six months, or both.
(d) Nothing in this section may be construed to apply to
smoking cessation products containing nicotine or nicotine
ploacrilex.