WV Code Chapter 16 Article 9F

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WEST VIRGINIA CODE

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WVC 16- CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 9 F- ARTICLE 9F. COUNTERFEIT CIGARETTES.

WVC 16 - 9 F- 1 §16-9F-1. Definition.
As used in this article, "counterfeit cigarettes" means cigarettes that: (a) Have false manufacturing labels; (b) are not manufactured by the manufacturer indicated on the container; or (c) have a false tax stamp affixed to the container.

WVC 16 - 9 F- 2 §16-9F-2. Prohibition of counterfeit cigarettes.
It shall be unlawful for any person to knowingly possess or sell counterfeit cigarettes, and all counterfeit cigarettes and the equipment, materials and personal property used in substantial connection with a knowing violation of this article may be seized and destroyed by any law-enforcement agency of this state.

WVC 16 - 9 F- 3 §16-9F-3. Penalties.
(a) Any person who knowingly violates the provisions of this article with a total quantity of less than two cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than one thousand dollars, and for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than five thousand dollars and the revocation for a period of six months of any business held by the person.

(b) Any person who knowingly violates the provisions of this article with a total quantity of two or more cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than two thousand dollars, and for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than fifty thousand dollars and the revocation for a period of one year of any business registration certificate held by the person.

WVC 16 - 9 F- 4 §16-9F-4. Enforcement.
The attorney general, the prosecuting attorney for the county in which counterfeit cigarettes are found or any person who holds a valid permit under 26 U.S.C. §5712 may bring an action in the circuit court of that county to prevent or restrain violations of this article by any person, or any person controlling that person.

Note: WV Code updated with legislation passed through the 2012 1st Special Session