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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 9E. Delivery Sales of Tobacco

§16-9E-1. Definitions

For purposes of this article: (a) "Adult" means a person who is at least the legal minimum purchase age, as defined by section two, article nine-a of this chapter. (b) "Consumer" means an individual who does not hold a business registration certificate in this state for the business of selling tobacco products as a wholesale […]

§16-9E-2. Requirements for Delivery Sales

(a) No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum purchase age in this state. (b) Each person accepting a purchase order for a delivery sale shall comply with: (1) The age verification requirements set forth in section three of this article;

§16-9E-3. Age Verification Requirements

(a) No person shall mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless prior to the first delivery sale to a consumer, the person: (1) Obtains from the prospective consumer a certification that includes a reliable confirmation that the consumer is at least the legal minimum purchase age and a statement […]

§16-9E-4. Shipping Requirements

(a) Each person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale: (1) Shall include as part of the bill of lading or other shipping documents a clear and conspicuous statement providing as follows: "Cigarettes: West Virginia Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable […]

§16-9E-5. Registration and Reporting Requirements

(a) Prior to making delivery sales or mailing, shipping, or otherwise delivering cigarettes in connection with any such sales, every person shall file with the department a statement setting forth the seller's name, trade name, and the address of the seller's principal place of business and any other place of business. (b) Not later than […]

§16-9E-6. Collection of Taxes

Each person accepting a purchase order for a delivery sale shall collect and remit to the department all cigarette taxes imposed by this state with respect to such delivery sale, except that the collection and remission shall not be required to the extent the person has obtained proof, in the form of the presence of […]

§16-9E-7. Penalties

(a) Except as otherwise provided in this section, a first violation of any provision of this article shall be a misdemeanor and, punishable by a fine of $500 or five times the retail value of the cigarettes involved, whichever is greater. (b) Any person who knowingly violates any provision of this article, or who knowingly […]

§16-9E-8. Enforcement

For violations of this article resulting in a delivery of tobacco products in this state, the prosecuting attorney of the county where the delivery is made shall have the power to prosecute the violation and to bring any action necessary to prevent further violations. The Attorney General or any person who holds a valid permit […]