COMMITTEE SUBSTITUTE
FOR
H. B. 2661
(By Delegates Perdue, Hatfield, Spencer, Leach and Mahan)
(Originating in the Committee on the Judiciary)
[March 28, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-9a, relating
to prohibiting the sale of candy or fruit-flavored
cigarettes in this state.
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-9a, to read as
follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-9a. Selling of candy or fruit flavored cigarettes
prohibited; penalties.
(a) The Legislature finds that minors in this state have
been enticed into smoking tobacco by the introduction of various
candy and fruit-flavored cigarettes into commerce. Recognizing
that the introduction and distribution of these flavored
cigarettes into the commercial stream in this state will likely entice children to try cigarette smoking to the point of
addiction, resulting in tragic and deleterious consequences to
the health of these children in later years. The Legislature
finds that the current general prohibition of selling tobacco
products to children is an insufficient and ineffective means in
which to address the problem. The Legislature, therefore, adopts
a public policy that the importation, sale and distribution of
candy and fruit-flavored cigarettes in this state cannot be
tolerated.
(b)
Notwithstanding any other provision of law to the
contrary, no person or business entity shall import, sell,
possess or import with the intent to sell or distribute,
or offer
for sale or distribute any tobacco product commonly referred to
as a candy or fruit flavored, or otherwise flavored cigarette:
Provided, That this prohibition does not apply to menthol,
regular or traditional tobacco cigarettes.
(c) For purposes of this section, "candy or fruit flavored,
or otherwise flavored cigarettes" means a cigarette containing
tobacco that is advertised and flavored in such a manner as to
convey the perception, and during use, the taste, smell or
sensation of candy, fruit or some other flavor, not traditionally
associated with tobacco products. Such prohibited candy or fruit
flavored cigarette flavors include, but are not limited to,
berry, strawberry, raspberry, cranberry, boysenberry, blackberry,
blueberry, cherry, peach, kiwi, guava, mango, pear, plum, apricot, passion fruit, raisin, grape, apple, banana, pineapple,
coconut, watermelon, tangerine, orange, mandarin, lemon, lime, or
any other fruit flavor, cinnamon, licorice, mint or any other
herb or spice flavor, coffee, toffee, butterscotch, almond,
hazelnut, peanut, or any other nut flavor, mocha, vanilla, or
chocolate: Provided, That menthol, regular or traditional tobacco
flavored cigarettes are not included as prohibited flavors.
(d) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars, and upon a second or
subsequent conviction, shall be fined not less than one thousand
nor more than five thousand dollars for each offense, or confined
in jail not more than six months, or both.