§47-25-1. Short Title
This article shall be known and may be cited as the Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act.
§47-25-10. Sales Outside of West Virginia
Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section three of this article, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person […]
§47-25-11. Preemption
This article shall have no force and effect if a federal law or regulation establishing a national reduced cigarette ignition propensity standard is adopted and becomes effective.
§47-25-12. Local Regulation
Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation relating to cigarette fire safety standards conflicting with any provision of this article.
§47-25-13. Effective Date
Except as otherwise specifically provided in this section, the provisions of this article take effect on January 1, 2010. The provisions of section twelve of this article take effect on the effective date of this article.
§47-25-2. Definitions
(a) "Agent" means any person authorized by the State Tax Commissioner to purchase and affix stamps on packages of cigarettes. (b) "Cigarette" means: (1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
§47-25-3. Test Method and Performance Standard
(a) Except as provided in subsection (g) of this section and in section ten of this article, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state, unless: (i) The cigarettes have been tested in accordance with the test method and […]
§47-25-4. Certification and Product Change
(a) Each manufacturer shall submit to the state Fire Marshal a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with section three of this article; and
§47-25-5. Marking of Cigarette Packaging
(a) Cigarettes that are certified by a manufacturer in accordance with section four of this article shall be marked to indicate compliance with the requirements of section three of this article. The marking shall be in eight-point type or larger and consist of: (1) Modification of the product UPC code to include a visible mark […]
§47-25-6. Penalties
(a) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section three of this article, is subject to a civil penalty not to exceed $100 for each pack of the cigarettes sold or offered for sale: Provided, […]
§47-25-7. Implementation
(a) The State Fire Marshal or the State Tax Commissioner may promulgate rules, pursuant to the Administrative Procedures Act, chapter twenty-nine-a of this code, necessary to effectuate the purposes of this article. (b) The State Tax Commissioner in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under article […]
§47-25-8. Inspection
To enforce the provisions of this article, the State Tax Commissioner and its duly authorized representatives may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the […]
§47-25-9. Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund
All moneys collected as civil penalties under section six of this article shall be deposited in a special account in the state Treasury to be known as the Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund. The moneys shall be deposited to the credit of the fund and shall, in addition to any […]