summary
Introduced
02/11/2026
02/11/2026
In Committee
02/11/2026
02/11/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
The purpose of this bill is to create the "Vape Safety Act."
AI Summary
This bill, titled the "Vape and Smoke Retailer Location and Operating Requirements Act," establishes new regulations for vape and smoke shops in West Virginia, requiring them to obtain a license from the Alcohol Beverage Control Commissioner. The bill defines various terms related to vaping products, including "vapor product" and "alternative nicotine product," and outlines qualifications for license applicants, such as good character and a clean criminal record, while also providing a process for individuals with past convictions to seek licensure. It mandates that vape or smoke retailers can only sell "authorized vapor products" listed in a state directory and sets an annual license fee of $1,200, with funds allocated to specific state accounts. The legislation also creates a Vapor Product Directory, requiring manufacturers to certify their products meet federal standards, and prohibits the sale of unlisted products, imposing daily penalties for violations. Furthermore, it establishes labeling standards for vapor products, including warnings and ingredient disclosures, and outlines penalties for violations of the act, ranging from fines to jail time, with provisions for appeals of the Commissioner's decisions.
Committee Categories
Health and Social Services
Sponsors (10)
David McCormick (R)*,
James Akers (R),
Wayne Clark (R),
Sarah Drennan (R),
Bob Fehrenbacher (R),
Scot Heckert (R),
Jonathan Kyle (R),
Jordan Maynor (R),
Jonathan Pinson (R),
Evan Worrell (R),
Last Action
Standing Committee on Health and Human Resources Meeting (15:30:00 2/23/2026 215.E) (on 02/23/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5437&year=2026&sessiontype=RS&btype=bill |
| Fiscal Note - Alcohol Beverage Control Administration | http://www.wvlegislature.gov/Fiscalnotes/FN(2)/fnsubmit_recordview1.cfm?RecordID=956411292 |
| BillText | http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb5437%20intr.htm&yr=2026&sesstype=RS&i=5437 |
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