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 tobacco products 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 tobacco products 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 tobacco products 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.