ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2360
(By Delegates Schoen and Perdue)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-10,
relating
to the sale of cigarettes; prohibiting the sale of cigarettes
in anything other than original factory-wrapped packaging;
prohibiting the sale or distribution of cigarettes in any form
other than its original factory packaging; requiring warning
on all cigarette packages; prohibiting the sale of individual
cigarettes; prohibiting the sale of any cigarettes in a
packaging that does not reflect the required warning labels;
and providing misdemeanor penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-9A-10, to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-10. The sale of cigarettes in a container other than its original factory-wrapped packaging prohibited; sale
of individual cigarettes prohibited; and warnings
required.
(a) A person or business entity may not sell or offer for sale
cigarettes in any form other than an original factory-wrapped
package.
(b) No person or business entity may sell or offer for sale
cigarettes in a package that contains fewer than twenty cigarettes.
(c) No person or business entity may sell or offer for sale
single cigarettes.
(d) A person or business entity may not sell or offer for sale
cigarettes in any form that does not display the warnings with the
display characteristics required by the provisions of 15 U.S.C.
§1333(b)(3), as amended.
(e) Any person or business entity who violates the provisions
of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined $250.