H. B. 2365
(By Delegates Perdue, Moore, Marshall and Barill)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend and reenact §16-9A-9 of the Code of West Virginia,
1931, as amended, relating to banning of flavored tobacco
products; and proving criminal penalty.
Be it enacted by the Legislature of West Virginia:
That §16-9A-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-9. Selling of bidis
and flavored tobacco products
(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 hand-rolled, flavored tobacco products called
"bidis" or "beedies." In addition, regular tobacco products that
are flavored are also used to entice minors. Recognizing that the use of bidis and flavored tobacco products is an emerging public
health problem, the Legislature hereby adopts a public policy that
the tobacco products known as "bidis" and other flavored 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
shall may possess, import, sell, offer for sale or
distribute any tobacco product commonly referred to as "bidis" or
"beedies" or other flavored tobacco products as defined in this
(c) (1) For purposes of this section, "bidis" or "beedies"
means a product containing tobacco that is wrapped in temburni leaf
or leaves (diospyros melanoxylon) or tendu leaf or leaves
(diospyros exculpra), or any other product or substance that is
offered to or purchased by consumers as bidis or beedies. As used
in this section, the terms "bidis" and "beedies" have the same
meaning and may be used interchangeably.
_____(2) For purposes of this section, "flavored tobacco products"
means tobacco products that have added flavoring including
cigarettes, cigars, smokeless tobacco, Hookah tobacco, little
cigars and dissolvable tobacco products. Menthol and mint flavors
are not included in the definition of "flavored tobacco products."
(d) 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.
NOTE: The purpose of this bill is to ban the sale of flavored
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would