The bill amends sections 16-7-2 and 16-7-4 of the West Virginia Code, focusing on the adulteration of food and drugs, and introduces a new section, 18-5D-3A, which specifically addresses unsafe food additives in school nutrition programs. The amendments clarify what constitutes adulteration in both drugs and food, including the addition of harmful substances and the misrepresentation of product quality. Notably, the bill specifies that certain food additives, such as butylated hydroxyanisole and various food dyes (e.g., Red Dye No. 3, Yellow Dye No. 5), are considered unsafe and outlines penalties for those who knowingly sell adulterated products.

Additionally, the bill establishes that effective August 1, 2025, the identified unsafe food additives will be prohibited in meals served in school nutrition programs, although exceptions are made for fundraising events under specific conditions. The legislation also includes provisions for penalties related to the adulteration of food and drugs, with fines and potential jail time for offenders, while exempting those who sell less than $5,000 of adulterated food per month from certain penalties. The amendments are set to take effect on January 1, 2028, for the changes to adulteration definitions.

Statutes affected:
Introduced Version: 16-7-2
Committee Substitute: 16-7-2
Engrossed Committee Substitute: 16-7-2
Enrolled Committee Substitute: 16-7-2, 16-7-4, 18-5D-3