Code of Federal Regulations Title 21. Food and Drugs § 21.808.98 West Virginia

(a) The following West Virginia medical device requirements are enforceable notwithstanding section 521(a) of the act because the Food and Drug Administration has exempted them from preemption:  West Virginia Code, sections 30–26–14 (b) and (c) and section 30–26–15(a) on the condition that in enforcing section 30–26–15(a) West Virginia apply the definition of “used hearing aid” in § 801.420(a)(6) of this chapter.

(b) The following West Virginia medical device requirement is preempted by section 521(a) of the act, and the Food and Drug Administration has denied it an exemption from preemption under section 521(b) of the act:  West Virginia Code, section 30–26–14(a).