HB 5437: Creating the Vape Safety Act - West Virginia

hb5437 sfa helton _ 3-10 adopted.htm → hb5437 sfat helton _ 3-9 adopted.htm · 3 edits

MINOR

The bill title was updated to reflect a new version of the document, and the amendment process was streamlined. The previous proposal involved two separate amendments to strike out specific references to the State Tax Commissioner, while the new version consolidates these into a single, comprehensive motion to replace the entire bill title with a detailed description of the law's contents.

TECHNICAL

The bill header was changed from 'SFA Helton # 3-10' to 'SFAT Helton # 3-9', indicating a revision in the legislative process or document versioning.

Two specific amendment instructions were removed that proposed deleting references to the 'State Tax Commissioner' from the text.

A new, consolidated amendment motion was added to replace the entire bill title with a long list of the bill's subjects, such as regulating vape shops, defining terms, and setting penalties.

hb5437 hfat worrell 2-27 adopted.htm → hb5437 sfa helton _ 3-10 adopted.htm · 1 edit

MINOR

The bill was amended to remove references to the State Tax Commissioner from two specific sections. This change likely shifts administrative oversight or fee collection responsibilities away from the tax commissioner to another agency or body, altering how the vape retailer regulations are enforced or funded.

Scope change

The bill's scope regarding administrative authority was narrowed by removing the State Tax Commissioner from specific duties, potentially transferring those duties to a different entity.

ENFORCEMENT

References to the State Tax Commissioner were deleted from two sections, removing their involvement in specific administrative actions related to the bill.

hb5437 hfa worrell 2-24 _1 adopted.htm → hb5437 hfat worrell 2-27 adopted.htm · 2 edits

MINOR

The bill version was updated from a committee substitute to a final adopted version, changing the header and the delegate's motion text. The substantive policy content regarding vape shop regulations, licensing, and penalties remains identical, with no changes to scope, funding, or operational requirements.

TECHNICAL

The header was updated to reflect the final adopted status (HFAT) and the new date (2-27) instead of the committee substitute status (HFA) and previous date (2-24).

The delegate's motion text was slightly reworded to formally propose substituting the bill's title, though the title text itself was not included in the provided diff.

hb5437 hfa lucas 2-24 _1 adopted.htm → hb5437 hfa worrell 2-24 _1 adopted.htm · 8 edits

MODERATE

The bill was completely rewritten to replace a minor amendment with a comprehensive 'Vape Safety Act' that establishes a new regulatory framework for vape shops. The new version creates a mandatory licensing system, defines specific prohibited sales practices, and sets up a state-maintained directory of approved vapor products.

Scope change

The bill's scope expanded from a single exemption clause for cigar stores to a full regulatory article covering definitions, licensing, location restrictions, signage rules, product safety, and enforcement mechanisms for vape shops statewide.

DEFINITION

Added a new Article 9H containing detailed definitions for terms like 'vape or smoke shop', 'authorized vapor product', and 'tobacco-derived product'.

REQUIREMENT

Established a mandatory licensing requirement for vape or smoke shops, including background checks, fingerprinting, and specific qualifications for owners and managers.

Implemented strict location rules prohibiting vape shops from being within 300 feet of schools, parks, libraries, religious buildings, or residences.

Set new signage regulations limiting sign size, prohibiting animated signs, and banning depictions of marijuana or candy-like imagery.

ELIGIBILITY

Created a 'Vapor Product Directory' that lists approved products; retailers are prohibited from selling any vapor product not listed in this directory.

ENFORCEMENT

Defined civil penalties (up to $100 per day) and criminal penalties (fines up to $5,000) for violations of the new act.

FISCAL

Allocated annual license fees and penalties to the Agricultural Fees Fund and the Alcohol Beverage Control Enforcement Fund.

TIMELINE

Mandated annual reporting to the Joint Committee on Government and Finance starting December 31, 2026.

hb5437 s hhr am _ 3-4 adopted.htm → hb5437 hfa lucas 2-24 _1 adopted.htm · 2 edits

MINOR

The bill was amended to add a specific exemption for cigar stores that do not sell vapor products, ensuring they are not subject to the new vape shop regulations. Additionally, the rulemaking authority was clarified to require rules to be proposed in accordance with the article itself rather than just the general legislative rules.

Scope change

The bill's scope was narrowed by explicitly excluding cigar stores that do not sell vapor products from the new requirements.

SCOPE

Added an exemption stating that the article does not apply to cigar stores that do not sell vapor products.

REQUIREMENT

Clarified that the commissioner must propose rules in accordance with the provisions of the article itself, rather than just the general legislative rules.

Committee Substitute → hb5437 s hhr am _ 3-4 adopted.htm · 11 edits

MAJOR

The bill was amended to clarify definitions, remove a provision that automatically approved vape shop licensees as hemp/kratom retailers, and significantly tighten enforcement by adding specific criminal penalties for selling unapproved products and labeling violations. The amendment also updated the fee structure to a flat rate, adjusted sign regulations, and established a phased timeline for banning certain flavored products and advertising.

Scope change

The bill's scope was narrowed by removing the automatic approval of vape shops as hemp and kratom retailers, and it was clarified to exclude cigar stores that do not sell vapor products.

DEFINITION

Added a general definition of 'Person' to include various legal entities and updated the definition of 'Vape or smoke shop' to explicitly allow on-site vaping and clarify the 33% floor space requirement.

ELIGIBILITY

Deleted the provision stating that obtaining a vape shop license automatically approves the licensee as a hemp product retailer and a kratom retailer.

REQUIREMENT

Changed the annual license fee from a minimum of $1,200 to a flat fee of $1,200 and updated fee remittance references to match current code sections.

Reorganized and clarified the duties of the Alcohol Beverage Control Commissioner, converting a list of duties into a structured subsection.

Updated the prohibition on using vape shops as residences to reference the correct code section and specify the Alcohol Beverage Commissioner as the suspending authority.

Added strict requirements for exterior signs, limiting them to a uniform size, specific fonts, and prohibiting flashing lights.

Added a requirement for retailers to file a new application attesting to compliance with the new advertising restrictions upon license renewal.

TIMELINE

Established a phased timeline banning certain flavored products starting March 1, 2027, and restricting specific advertising starting July 1, 2027.

ENFORCEMENT

Added new criminal penalties for retailers selling unapproved products or violating labeling requirements, including felony charges for repeat offenses.

Introduced administrative sanctions allowing the commissioner to revoke permits, suspend operations, or impose fines during criminal trials.

Changed the inspection authority to include the county health department alongside the sheriff.

Enrolled Committee Substitute → Committee Substitute · 7 edits

MODERATE

The bill was revised from a finalized 'Enrolled' version to a 'Committee Substitute' version, indicating it has not yet passed the legislature and is still under review. The most significant change is the expansion of the bill's scope to include new sections on manufacturer requirements, a mandatory vapor product directory, and stricter penalties for selling unlisted products. Additionally, several definitions were updated to clarify terms like 'drug paraphernalia' and 'authorized vapor product,' and the act's title was slightly modified to emphasize retailer regulation.

Scope change

The bill's scope was significantly expanded to include new regulatory mechanisms for manufacturers, such as a mandatory product directory and certification requirements, which were not present in the previous version.

REQUIREMENT

Added a new 'Vapor Product Directory' requirement where manufacturers must list products with the state, and retailers can only sell products listed in this directory.

Added new sections requiring manufacturers to certify FDA authorization or pending application status for their vapor products.

Added requirements for manufacturers to appoint an agent for service of process as a condition for being included in the vapor product directory.

ENFORCEMENT

Added specific civil penalties for selling vapor products that are not included in the state directory.

Modified the penalty structure to include daily civil fines for selling unlisted products and added misdemeanor charges for false representations regarding FDA status.

DEFINITION

Added the definition of 'Drug paraphernalia' and modified the definition of 'Vape or smoke shop' to include drug paraphernalia in the floor space calculation.

TIMELINE

Removed the effective date of June 11, 2026, and replaced it with a report date, reflecting that the bill is no longer in its final passed state.

Engrossed Committee Substitute → Enrolled Committee Substitute · 6 edits · Apr 1, 2026

MODERATE

The bill was finalized as an Enrolled Act, changing its status from a draft to law effective 90 days after passage. The text was significantly rewritten to simplify language, remove the requirement for a mandatory vapor product directory, and add stricter criminal penalties for retailers selling products with misleading labels or targeting minors. The bill also clarifies that cigar stores are exempt if they do not sell vapor products.

Scope change

The bill's scope was narrowed by removing the requirement for a state-maintained directory of authorized vapor products, while simultaneously adding specific prohibitions on product labeling and marketing imagery.

TIMELINE

The bill status changed from 'Engrossed' to 'Enrolled', indicating it has passed both legislative chambers and been signed by the Governor, with an effective date set for June 11, 2026.

REQUIREMENT

The requirement for manufacturers to submit annual certifications and for the state to maintain a public 'Vapor Product Directory' was removed entirely.

New strict prohibitions were added banning the sale of vapor products using terms like 'candy,' 'gummy,' or images of cartoons and school supplies, effective in 2027.

ENFORCEMENT

Significantly harsher criminal penalties were introduced for retailers, including felony charges and up to three years in prison for repeated violations regarding prohibited labeling or sales to minors.

DEFINITION

The definition of a 'Vape or smoke shop' was updated to clarify that these establishments may allow on-site vaping and may cater to electronic cigarette users.

EXEMPTIONS

A specific exemption was added stating that the bill does not apply to cigar stores that do not sell vapor products.

Introduced Version → Engrossed Committee Substitute · 8 edits · Mar 13, 2026

MODERATE

The bill was amended to expand its scope from regulating vape shops to also covering smoke shops, adding new definitions for drug paraphernalia and tobacco-derived products, and including stricter advertising and signage restrictions. The amendment also introduces new requirements for manufacturers regarding product directories and labeling, while adjusting the effective date to depend on the approval of an emergency rule.

Scope change

The bill's scope was significantly expanded to include smoke shops alongside vape shops, and new sections were added to regulate advertising, signage, and product labeling standards.

SCOPE

Added 'smoke shop' to the definition of regulated retailers and expanded the bill title to include smoke shop regulation.

DEFINITION

Added a new definition for 'Drug paraphernalia' referencing existing state code.

REQUIREMENT

Added new sections establishing advertising standards, signage restrictions, and labeling requirements for vapor products.

Added a prohibition on selling vapor products with packaging or marketing that mimics food, candy, or school supplies targeted at minors.

Changed the license fee from a fixed amount to a minimum of $1,200.

Added a requirement for foreign manufacturers to appoint an agent for service of process in West Virginia.

TIMELINE

Changed the effective date to be contingent upon the commissioner's approval of an emergency rule.

ENFORCEMENT

Added provisions for the commissioner to propose emergency rules in addition to standard legislative rules.

Creating the Vape Safety Act

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