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Engrossed Version House Bill 4134 History

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

H. B. 4134


(By Delegates Palumbo, Webster, Doyle, Hatfield,

Guthrie, Spencer, Brown, Higgins,

Staggers, Wells and Perdue)

[Introduced January 23, 2008; 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 prohibiting the sale of less than twenty packaged cigarettes; requiring warnings on cigarette packages; and providing misdemeanor penalty.

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; sale of tobacco products other than original wrapped package prohibited; sale of cigarettes in packages of less than twenty prohibited; sale of single cigarettes prohibited; and warnings required.

(a) A person or business entity may not 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 two hundred fifty dollars: 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 the first day of July, two thousand, 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) A person or business entity may not sell or offer for sale or distribution cigarettes in any form other than an original factory-wrapped package.
(c) A person or business entity may not sell or offer for sale or distribution cigarettes in any cigarette package that contains fewer than twenty cigarettes.
(d) A person or business entity may not sell or offer for sale or distribution cigarettes in any form that do 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 two hundred fifty dollars.



NOTE: The purpose of this bill is to prohibit the sale of less than twenty packaged cigarettes. It requires federally mandated warnings on all cigarettes sold. And, the bill provides a misdemeanor penalty of a fine of $250.00 for violations.

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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