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Introduced Version House Bill 2360 History

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hb2360 intr
H. B. 2360


(By Delegates Schoen and Perdue)
[Introduced February 13, 2009; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §16-9A-8 of the Code of West Virginia, 1931, as amended, relating to the sale of tobacco products in packages other than original factory wrapped packages.

Be it enacted by the Legislature of West Virginia:
That §16-9A-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-8. Selling of tobacco products in vending machines prohibited except in certain places.

(a) No person or business entity may offer for sale any cigarette or other tobacco product in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the Alcohol Beverage Control Commissioner as a Class A licensee. The Alcohol Beverage Control Commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code prior to July 1, 2000, which rules shall establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors.
(b) No person may sell or offer for sale and no business entity may sell or offer for sale or distribution tobacco products in any form other than an original factory wrapped package.
(c) No person may sell or cause to be sold and no business entity may sell or cause to be sold, or distribute or cause to be distributed, any cigarette package that contains fewer than twenty cigarettes.
(d) In no event may any person or business entity sell or cause to be sold single cigarettes or packages of cigarettes that do not display the warnings with the content and display characteristics required by the provisions of 15 U.S.C., §1333(b)(3), as amended.
(e) Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $250.



NOTE: The purpose of this bill is to insure that tobacco products are not sold in any packaging other than the original factory wrapped package and to insure that cigarettes are not sold individually.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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