H. B. 2489
(By Delegates Staton, Compton, Perdue,
Douglas, Mahan and HatfieldSPONSOR)
[Introduced DATEFebruary 22, 2001; referred to the
Committee on the JudiciaryCOMMITTEE.]
A BILL to amend chapter sixteen of the code Bill Titleof West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article nine-d, relating
to establishing fire safety standards for cigarettes. Title Language
Be it enacted by the Legislature of West Virginia:
That chapter sixteen Enacting Sectionof the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article nine-d, to read
as follows:
Article 9D. FIRE SAFETY STANDARDS FOR CIGARETTES.
§16-9D-1. Fire safety standards for cigarettes.
(a) The division of health, shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a, to implement fire safety standards for cigarettes, as defined in article seventeen, chapter eleven,
which are sold, offered for sale or manufactured in this state
within one year after this section takes effect. These standards
shall insure either:
(1) That any cigarettes, if ignited, will stop burning
within a time period specified by the standards if the cigarettes
are not smoked during that period; or
(2) That cigarettes meet other performance standards
prescribed by the division of health to limit the risk that a
cigarette will ignite upholstered furniture, mattresses or other
household furnishings.
(b) Any corporation, partnership, sole proprietor, limited
partnership or association engaged in the manufacture of
cigarettes shall certify in writing prior to any sale that their
products meet the performance standards prescribed by the
division of health pursuant to subsection (a) of this section.
Copies of written certification shall be provided to all
wholesale dealers.
(c) Thirty days after the standards required pursuant to
subsection (a) of this section are implemented, cigarettes that
do not meet the standards prescribed by the division of health
pursuant to this section shall not be sold, offered for sale or manufactured in this state.
(d) Any wholesale dealer, as defined in article seventeen,
chapter eleven, who knowingly sells or offers to sell cigarettes
wholesale, with a retail value in excess of fifteen hundred
dollars, in violation of subsection (c) shall be subject to a
civil penalty not to exceed ten thousand dollars per each
wholesale sale or wholesale offer of cigarettes. For the purpose
of this subsection, "sell" means to sell, or to offer or agree to
do the same.
(e) The attorney general may bring an action on behalf of
the people of the state of West Virginia to restrain further
violations of this section and for such relief as may be
appropriate.
NOTE: The purpose of this bill is to require Title Languagefire safety
standards for cigarettes. Title Language
§16-9D is new; therefore, strike-throughs and underscoring
have been omitted.Title Language