Bill > HB5572

This bill, titled the "Vape and Smoke Shop Location and Operating Requirements Act," establishes regulations for vape and smoke shops, which are defined as retail establishments selling tobacco products, alternative nicotine products (non-combustible nicotine products), and vapor products (nicotine products that produce vapor). The act aims to protect public health and welfare by addressing concerns about marketing that may appeal to minors and the health risks associated with vaping products, citing studies and investigations by the FDA and CDC. Key provisions include strict location requirements, mandating that no public entrance to such a shop be within 5,280 feet of schools, higher education institutions, parks, libraries, places of worship, government buildings, other vape/smoke shops, establishments licensed to serve alcohol, or residences. The bill also sets detailed regulations for signage, prohibiting certain types of signs and limiting their size and content to prevent them from being distracting or appealing to minors, and requiring permits for all signs. The county health department is designated to administer and enforce these regulations, including processing applications, conducting inspections, and issuing notices of violation, with penalties including fines of $100 to $500 per day for non-compliance. The act also outlines an appeals process for those aggrieved by the health department's decisions, allowing for review and potential reversal or modification of administrative decisions.

Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5572&year=2026&sessiontype=RS&btype=bill