reglab/housing_qa huggingface dataset:
WV Code § 16-9D-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement|§16-9D-4. Certification of Tobacco Product Manufacturer Wanting to Sell Product in This State for the First Time

(a) A tobacco product manufacturer whose cigarettes have not previously been sold in this state, whether directly or through a distributor, retailer or similar intermediary or intermediaries, shall, at least thirty calendar days before beginning to sell its cigarettes in this state, make the certification required by section three of this article. In addition to the information required by section three, the manufacturer shall include the following information in its certification:(1) If the tobacco product manufacturer is a partnership, limited liability company, corporation, association or other business entity, the following where applicable:(A) The names and addresses of every partner, member, officer, resident agent, director or person performing a function similar to a director;(B) The names and addresses of any person owning of record a ten percent or greater equity interest in the tobacco product manufacturer; and(C) A list of all names under which the tobacco manufacturer, or any partner, member, officer, resident agent, director, or person owning a ten percent or greater equity interest in the tobacco manufacturer, previously did business as a tobacco product manufacturer in the United States within the five-year period preceding the date of submission of the certification; and(2) A statement of whether the tobacco product manufacturer, or any partner, member, officer, resident agent, director, or person owning a ten percent or greater equity interest in the tobacco manufacturer, or in any subsidiary, affiliate or persons controlled by or under common control with the tobacco manufacturer, has ever been an officer, partner, director or person owning a ten percent or greater equity interest in a tobacco product manufacturer that ever defaulted in fully funding the escrow account required by article nine-b of this chapter in the five-year period prior to the date of submission of the certification under this section and, if so, a brief explanation of the facts involved.
WV Code § 16-9D-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement|§16-9D-7. Electronic Filing of Quarterly Reports

(a) Electronic filing required. -- After September 1, 2003, the quarterly reports required by section six of this article from distributors and stamping agents shall be electronically filed with the Tax Commissioner.(b) "Filed electronically" defined. -- For purposes of this section, "filing electronically" means the filing of a report or other document by any electronic medium acceptable to the Tax Commissioner including, but not limited to, the filing of reports and other documents by electronic data interchange, or by use of the Internet for web-based filing or other technology specified by the Tax Commissioner by a procedural rule promulgated as provided in article three, chapter twenty-nine-a of this code.(c) Signature requirements. -- The signature requirement for all reports required to be filed under this article will be met if the submission is made pursuant to the Tax Commissioner's procedural rule.(d) Standards. -- The Tax Commissioner shall give due regard to developing uniform standards for formats as adopted by the American National Standards Institute for encryption and filer authentication to ensure that the report information is kept confidential.
WV Code § 16-9D-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9D. Enforcement of Statutes Implementing Tobacco Master Settlement Agreement|§16-9D-10. Effective Date; Implementation

(a) If this act of the Legislature takes effect ninety days from passage, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article, shall be due July 1, 2003, covering the 2002 calendar year, and the additional information required by section three for the current calendar year up to the date of the certification; and the directory described in subsection (b), section three of this article, is published in the state register by August 15, 2003, and made available on the Tax Commissioner's web page by October 15, 2003.(b) If this act of the Legislature is in effect from passage, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article, is due May 1, 2003, covering the 2002 calendar year, and the additional information required by section three for the current calendar year up to the date of the certification; and the directory described in subsection (b), section three of this article, shall be published in the state register by June 15, 2003, and made available on the Tax Commissioner's web page by August 15, 2003.(c) If this act of the Legislature takes effect July 1, 2003, the first certification by a tobacco product manufacturer described in subsection (a), section three of this article, is due July 1, 2003, covering the 2002 calendar year, and the additional information required by section three for the current calendar year up to the date of the certification; and the directory described in subsection (b), section three of this article, shall be published in the state register by August 15, 2003, and made available on the Tax Commissioner's web page by October 15, 2003.
WV Code § 16-9E-1 (2021)
2021 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 or retail dealer.(c) "Delivery sale" means any sale of cigarettes to a consumer in this state where either: (1) The purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the Internet or other online service; or (2) the cigarettes are delivered by use of the mails or a delivery service. A sale of cigarettes shall be a delivery sale regardless of whether or not the seller is located within this state. A sale of cigarettes not for personal consumption to a person who holds a business registration certificate as a wholesale dealer or a retail dealer shall not be a delivery sale.(d) "Delivery service" means any person who is engaged in the commercial delivery of letters, packages, or other containers.(e) "Department" means the State Tax Department.(f) "Legal minimum purchase age" is at least eighteen years of age as defined by section two, article nine-a of this chapter for the purchase of cigarettes in this state.(g) "Mails" or "mailing" means the shipment of cigarettes through the United States postal service.(h)"Shipping container" means a container in which cigarettes are shipped in connection with a delivery sale.(i) "Shipping documents" means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.
WV Code § 16-9E-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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;(2) The disclosure requirements set forth in subdivision (3), subsection (a), section three of this article;(3) The shipping requirements set forth in section four of this article;(4) The registration and reporting requirements set forth in section five of this article;(5) The tax collection requirements set forth in section six of this article; and(6) All other laws of this state generally applicable to sales of cigarettes that occur entirely within this state, including, but not limited to, those laws imposing: (i) Excise taxes; (ii) sales taxes; (iii) license and revenue-stamping requirements; and (iv) escrow or other payment obligations.
WV Code § 16-9E-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 signed by the prospective consumer in writing that certifies the prospective consumer's address and that the consumer is at least eighteen years of age. The statement shall also confirm: (i) That the prospective consumer understands that it is illegal to sign another person's name to the certification; (ii) that the sale of cigarettes to individuals under the legal minimum purchase age is illegal; and (iii) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of this state;(2) Verifies the information contained in the certification provided by the prospective consumer against an appropriate database of government records available to the distributor or seller, or obtains simultaneous with the certificate as provided for in subdivision (1), a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;(3) Sends to the prospective consumer, via e-mail or other means, a notice that contains: (A) A prominent and clearly legible statement that cigarette sales to a consumer below the legal minimum purchase age is illegal; (B) a prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. §1333(a)(1), rotated on a quarterly basis; (C) a prominent and clearly legible statement that sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with section three of this article; and (D) a prominent and clearly legible statement that cigarette sales are subject to excise and sales taxes in this state, and an explanation of how such taxes have been, or are to be, paid with respect to the delivery sale.(4) In the case of an order for cigarettes pursuant to an advertisement on the Internet, receives payment for the delivery sale from the prospective consumer by a credit or debit card or check that has been issued in the consumer's name.(b) Persons accepting purchase orders for delivery sales may request that prospective consumers provide their e-mail addresses.
WV Code § 16-9E-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 Taxes";(2) Shall use a method of mailing, shipping, or delivery that obligates the delivery service to require: (i) The consumer placing the purchase order for the delivery sale, or another adult of legal minimum purchase age, to sign to accept delivery of the shipping container; and (ii) proof, in the form of a valid, government-issued identification bearing a photograph of the individual who signs to accept delivery of the shipping container, demonstrating that he is either the addressee or another adult of legal minimum purchase age; and(3) Shall provide to the delivery service retained for such delivery sale evidence of full compliance with section seven of this article.(b) A delivery service shall be in violation of this article if it: (1) Ships or otherwise delivers cigarettes in connection with a delivery sale without first receiving evidence of compliance with section seven of this article; or (2) fails to comply with the requirements described in subsection (a) or described in section six of this article:(1) When obligated to do so under a method of shipping or delivery;(2) When delivering any container pursuant to shipping documents containing the statement described in subdivision (1), subsection (a) of this section; or(3) When delivering any container that the delivery service otherwise has reason to know contains cigarettes.(c) If the person accepting a purchase order for a delivery sale delivers the cigarettes without using a delivery service, that person shall comply with all requirements of this article applicable to a delivery service and shall be in violation of the provisions of this article upon failure to comply with the requirements.
WV Code § 16-9E-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 the tenth day of each calendar month, each person that has made a delivery sale or mailed, shipped, or otherwise delivered cigarettes in connection with any such sale during the previous calendar month shall file with the department a memorandum or a copy of the invoice that provides for each and every delivery sale:(1) The name and address of the consumer to whom the delivery sale was made;(2) The brand or brands of the cigarettes that were sold in the delivery sale; and(3) The quantity of cigarettes that were sold in the delivery sale.(c) Any person that satisfies the requirements of 15 U.S.C. §376 shall be deemed to satisfy the requirements of this section.
WV Code § 16-9E-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 applicable tax stamps or otherwise, that the taxes already have been paid to this state.
WV Code § 16-9E-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 and falsely submits a certification under section three of this article in another person's name, shall be guilty of a misdemeanor, be fined $1,000 or ten times the retail value of the cigarettes involved, whichever is greater, or confined not more than six months, or both.(c) Any person failing to collect or remit to the department any tax required in connection with a delivery sale shall be assessed, in addition to any other penalty, a penalty of five times the retail value of the cigarettes involved.(d) Any cigarettes sold or attempted to be sold in a delivery sale that does not meet the requirements of this article shall be forfeited to this state and destroyed. All fixtures, equipment, and all other materials and personal property on the premises of any person who, with the intent to defraud this state, violates any of the requirements of this article, shall be forfeited to this state.
WV Code § 16-9E-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9E. Delivery Sales of Tobacco|§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 under 26 U.S.C. §5712 may bring any actions required to enforce all other requirements of this article and to prevent all other violations of its provisions.
WV Code § 16-9F-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9F. Counterfeit Cigarettes|§16-9F-1. Definition

As used in this article, "counterfeit cigarettes" means cigarettes that: (a) Have false manufacturing labels; (b) are not manufactured by the manufacturer indicated on the container; or (c) have a false tax stamp affixed to the container.
WV Code § 16-9F-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9F. Counterfeit Cigarettes|§16-9F-2. Prohibition of Counterfeit Cigarettes

It shall be unlawful for any person to knowingly possess or sell counterfeit cigarettes, and all counterfeit cigarettes and the equipment, materials and personal property used in substantial connection with a knowing violation of this article may be seized and destroyed by any law-enforcement agency of this state.
WV Code § 16-9F-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9F. Counterfeit Cigarettes|§16-9F-3. Penalties

(a) Any person who knowingly violates the provisions of this article with a total quantity of less than two cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than $1,000, and for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than $5,000 and the revocation for a period of six months of any business held by the person.(b) Any person who knowingly violates the provisions of this article with a total quantity of two or more cartons of cigarettes shall, for the first offense, be punished by a civil penalty of no more than $2,000, and for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than $50,000 and the revocation for a period of one year of any business registration certificate held by the person.
WV Code § 16-9F-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9F. Counterfeit Cigarettes|§16-9F-4. Enforcement

The Attorney General, the prosecuting attorney for the county in which counterfeit cigarettes are found or any person who holds a valid permit under 26 U.S.C. §5712 may bring an action in the circuit court of that county to prevent or restrain violations of this article by any person, or any person controlling that person.
WV Code § 16-9G-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 9G. Tobacco Cessation Initiative|§16-9G-2. Division of Tobacco Prevention

In addition to administering and coordinating the program on tobacco, tobacco products, alternative nicotine products, and vapor products cessation, the Division of Tobacco Prevention may apply for and administer federal and private grants and donations made for the purpose of reducing and eliminating tobacco, tobacco products, alternative nicotine products, and vapor products consumption in this state.
WV Code § 16-10-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 10. Uniform Determination of Death Act|§16-10-1. Determination of Death

An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
WV Code § 16-10-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 10. Uniform Determination of Death Act|§16-10-2. Uniformity of Construction and Application

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
WV Code § 16-10-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 10. Uniform Determination of Death Act|§16-10-3. Civil and Criminal Immunity

A physician or any other person authorized by law to determine death who makes such determination in accordance with section one of this article is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his acts or the acts of others based on that determination. Any person who acts in good faith in reliance on a determination of death is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.
WV Code § 16-10-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 10. Uniform Determination of Death Act|§16-10-4. Short Title

This article may be cited as the "Uniform Determination of Death Act."
WV Code § 16-11-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 11. Sexual Sterilization|§16-11-1. Male or Female Sterilization Procedures

It shall be lawful for any physician duly licensed by the state, when so requested by any person other than a minor, or mentally incompetent person, or any other person suffering from any similar disability which would affect their ability to enter into a valid contractual agreement, to perform upon such person, a male or female sterilization procedure: Provided, That a request in writing is made by such person and that at the time of such request a full and reasonable medical explanation is given by the physician to such person as to the meaning and consequences of such operation: Provided, however, That the female sterilization procedure shall only take place in a hospital or facility duly licensed by the state board of health Should this be Secretary of the Department of Health and and authorized by said board to perform similar operations, or a hospital or facility administered or owned by the state and duly authorized by said board to perform such operations.Nothing in this section shall require any hospital or other medical facility to admit any patient for the purpose of undergoing a sterilization operation. No hospital shall be subject to any legal or other penalty or restrictions or shall incur any civil liability because of any refusal to perform, accommodate or assist in any sterilization procedure for any reason. No person shall be required to perform or participate in medical procedures which result in the sterilization of an individual, and the refusal of any person to perform or participate in such medical procedure shall not be a basis for any legal sanction to any person. No hospital administrator or governing board of any hospital shall terminate the employment of, prevent or impair the practice or occupation of, or impose any other penalties or restrictions upon any person who refuses to perform or participate in a sterilization procedure.
WV Code § 16-11-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 11. Sexual Sterilization|§16-11-2. Immunity of Persons Performing Operation

No properly licensed health care facility or any superintendent or administrator thereof, or physician or any other person legally participating in any such properly requested sterilization operation shall be liable either civilly or criminally by reason of such participation: Provided, That this section shall not be construed to be in derogation of any actionable negligence occurring during or tort liability arising from such operation.