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Enrolled Committee Substitute House Bill 2360 History

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HB2360 ENR SUB
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.
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