SB 1000: Regulating vape and smoke shop retailers - West Virginia

Introduced Version → Engrossed Committee Substitute · 8 edits · Mar 3, 2026

MODERATE

The bill was completely rewritten and expanded from a 6-section introductory version to a 17-section comprehensive regulatory act. The new version shifts focus from general product safety to strict control over vape and smoke shop retailers, including specific location restrictions, signage rules, and detailed background checks for license applicants.

Scope change

The bill's scope expanded significantly from regulating the products themselves to regulating the retail locations (vape shops) and the individuals operating them. It added specific prohibitions on using shops as residences and strict distance requirements from schools and churches.

REQUIREMENT

Added a mandatory license requirement for all vape and smoke shops, including detailed background checks and fingerprinting for applicants and their controlling persons.

Established a new prohibition on using vape or smoke shops as residences or dwelling places.

Set specific distance requirements, mandating shops be located at least 300 feet from churches, schools, and daycare centers.

Added strict signage regulations, limiting sign size, font type, and prohibiting flashing lights.

DEFINITION

Expanded definitions to include specific terms like 'Premises', 'Manager', and 'Vape or smoke shop' to support the new location-based regulations.

ENFORCEMENT

Created a tiered penalty system for retailers selling to minors or violating labeling rules, escalating from misdemeanors to felonies with increasing prison time for repeat offenses.

TIMELINE

Set specific effective dates for new restrictions, such as a ban on certain marketing terms starting March 1, 2027.

FISCAL

Specified that license fees are split 50/50 between the Agricultural Fees Fund and the Alcohol Beverage Control Enforcement Fund.

sb1000 sfa rucker 3-3 _1 adopted.htm → sb1000 sfat helton _ 3-3 adopted.htm · 9 edits

MAJOR

The bill was significantly rewritten from a proposed amendment by Senator Rucker to a new version by Senator Helton. The original version had fewer sections and less detailed regulations, while the new version expanded the scope to include more comprehensive rules about vape shop operations, product restrictions, labeling requirements, and enforcement procedures.

Scope change

The bill's scope expanded from basic licensing and definitions to include detailed regulations on product sales restrictions, advertising limitations, labeling standards, service of process for foreign manufacturers, annual reporting requirements, and enhanced penalty structures.

REQUIREMENT

Added prohibition on using vape shops as residences with immediate suspension authority for violations.

Added restrictions on vapor product sales starting March 1, 2027, prohibiting candy-themed names, cartoon imagery, and food brand references on packaging.

Added advertising restrictions starting July 1, 2027, limiting promotional activities and specifying sign requirements.

Added 300-foot setback requirement from schools, churches, and daycare centers.

Added labeling requirements including ingredient disclosure, age warnings, and manufacturer information.

Added appeals process provision allowing appeals to be filed within 30 calendar days of commissioner decisions.

ENFORCEMENT

Added service of process requirements for foreign manufacturers and annual reporting to the Joint Committee on Government and Finance.

Enhanced penalty structure with tiered fines and jail time for repeat violations, including felony charges for third and subsequent violations of product restrictions.

Added administrative sanctions allowing permit revocation, suspension, and fines up to $1,000 per violation.

Committee Substitute → sb1000 sfa rucker 3-3 _1 adopted.htm · 8 edits

MODERATE

The bill was amended to replace the original Committee Substitute with a new version that significantly expands regulatory requirements for vape and smoke shops. Key changes include stricter background checks for license applicants, new prohibitions on certain product labeling and marketing, mandatory distance requirements from schools and churches, and enhanced penalties for violations. The amendment also establishes a formal registry system for vapor products and creates new administrative and criminal penalties for non-compliance.

Scope change

The bill's scope expanded to include more comprehensive regulation of vape and smoke retailers, including new requirements for product labeling, marketing restrictions, and stricter enforcement mechanisms.

REQUIREMENT

Added strict background check requirements for license applicants, including fingerprinting and criminal history reviews with specific disqualification criteria.

Established mandatory distance requirement of 300 feet from churches, schools, and daycare centers for vape or smoke shop locations.

Added prohibitions on product labeling and marketing that uses candy references, cartoon characters, or imagery commonly marketed to minors.

Created a vapor product registry system with associated fees and requirements for product listing and compliance verification.

ENFORCEMENT

Enhanced penalties for violations, including increased fines and jail time, with escalating penalties for repeat offenses and specific felony charges for third violations of labeling requirements.

TIMELINE

Set specific implementation dates for new regulations, with product labeling restrictions beginning March 1, 2027, and advertising restrictions beginning July 1, 2027.

DEFINITION

Added new definitions for 'vape or smoke shop' and 'vape or smoke retailer' with specific criteria for floor space allocation and business operations.

FISCAL

Established annual license fee of $1,200 with funds divided between Agricultural Fees Fund and Alcohol Beverage Control Enforcement Fund.

Engrossed Committee Substitute → Committee Substitute · 7 edits

MODERATE

This bill revision significantly expands West Virginia's vape and smoke shop regulations by adding a mandatory vapor product registry system, strengthening enforcement mechanisms, and clarifying prohibited marketing practices. The changes shift from a prohibition-based approach to a registration-based system where manufacturers must certify their products with the state before sale.

Scope change

The bill's scope expanded from regulating vape shop operations to also regulating vapor product manufacturers through a new directory system that requires product certification and listing before products can be legally sold in the state.

REQUIREMENT

New vapor product registry system requiring manufacturers to submit annual certifications and pay $100 per product to list their products in a state-maintained directory before sale.

Added requirements for foreign manufacturers to appoint service agents in West Virginia as a condition for directory inclusion.

TIMELINE

Extended compliance deadlines, moving vapor product directory establishment to September 1, 2026, and certain marketing restrictions to July 1, 2027.

ENFORCEMENT

New enforcement provisions including unannounced compliance checks (33% of shops annually), expanded inspection authority, and seizure of unlisted products as contraband.

Expanded penalty provisions to include civil penalties of $100 per day for selling unlisted products and added misdemeanor charges for false representations.

DEFINITION

New definition of 'authorized vapor product' as any product listed in the state's Vapor Product Directory.

FISCAL

New $100 annual fee per vapor product submitted for certification, plus $100 reactivation fee for licensees who miss renewal deadlines.

Regulating vape and smoke shop retailers

What changed between versions

How they voted

Actions timeline

Sponsors