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Introduced Version - Originating in Committee Senate Bill 769 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 769

(By Senators Kessler, Jenkins, Laird, Oliverio, Palumbo, Stollings, Williams, Yost, Barnes and Hall)

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[Originating in the Committee on the Judiciary;

reported April 1, 2009.]

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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.

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