H. B. 3079
(By Delegate Spencer)
[Introduced February 15, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-9A-6, relating to
prohibiting the sale of a tobacco product in this state if the
label does not contain a listing of the first ten main
ingredients in the tobacco product.
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-6, to read as
follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-6. Listing of ingredients of cigarettes, cigarette papers,
cigars, snuff and chewing tobacco required; penalties
for failure to.
(a) Unless the label on the package, container or product
contains a listing of the first ten main ingredients in the tobacco product in lettering easily read, no person, firm, corporation or
business entity may sell, give or furnish, or cause to be sold,
given or furnished, to any person:
(1) Any cigarette paper or any other paper prepared,
manufactured or made for the purpose of smoking any tobacco or
tobacco product; or
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco
product, in any form.
(b) Any firm or corporation that violates any of the
provisions of subdivision (1) or (2), subsection (a) of this
section and any individual who violates any of the provisions of
subdivision (1), subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined one
thousand dollars for the first offense. Upon any subsequent
violation at the same location or operating unit, the firm,
corporation or individual shall be fined at least five thousand
dollars but not more than ten thousand dollars for each such
violation.
NOTE: The purpose of this bill is to prohibit the sale of a
tobacco product in this state if the label does not contain a
listing of the first ten main ingredients in the tobacco product.
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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