MORGANTOWN, W.Va. — The provisions of House Bill 5437, the Vape Safety Act, will begin to take effect over the next year, and the West Virginia Alcohol Beverage Control Administration is preparing to license, regulate, and enforce the law statewide.
On WAJR’s “Talk of the Town,” commissioner Fred Wooton said they have sent notices to 400 businesses in the state about the changes and have started training their workers.
The administrative and criminal enforcement operations officially begin July 1, 2026, but some of the provisions will become effective over the course of the next 12 to 18 months.
“We’ve developed the application, we’ve come up with a summary of what licensee’s need to know, we have a list of warning out that vendors need to be aware of, and we’ve contacted our software vendor to develop our license,” Wooton said.
Business operators, workers, and state workers are learning the new regulations covering the license application process, product standards, annual fees, labeling, and marketing. The shops will be subject to periodic inspections; violations can be administrative or criminal, and all can be appealed.
“We’re training our agents up on what the rules and regulations that the state code says these businesses are permitted to do,” Wooton said. “The training will be ongoing throughout the process.”
Wooton said training has included understanding the details of the bill, as well as learning about the businesses. The bill establishes new provisions including the shops cannot be used as a residence and background investigations for license holders.
“We’ve also done some site visits and market research on how these businesses are set up, and we think we’re ready to tackle this task,” Wooton said.
Beginning March 1, 2027, vendors can no longer sell products with labeling or names that refer to “candy,” Kandy,” “bubble gum,” “cartoons, or cartoon characters”.
One year after the law goes into effect set back requirements for churches, schools, daycare centers, and more strict sign requirements take effect.
“On July 1, 2027, there are some additional requirements that regulate their advertising,” Wooton said. “No flashing, lighted signs, and signs have to be 18 inches by 18 inches.”
Wooton said he expects a high percentage of compliance from the 400 letters that went out to the businesses. The work done at the state level prior to the effective date is designed to give business owners the opportunity to be in compliance before periodic inspections begin later this year.
“We want to preach education over enforcement, but the goal of House Bill 5437 was to keep these products out of the hands of underage individuals in West Virginia,” Wooton said. “If there’s a question about a rule, we’ll be glad to answer it, but if they’re selling these products to underage individuals, there will be sanctions imposed.”