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 to section 16-7-2 expand the definition of adulteration to include food products containing certain harmful additives, such as butylated hydroxyanisole and various food dyes, while also establishing that the amendments will take effect on January 1, 2028. Section 16-7-4 outlines penalties for those who knowingly sell adulterated food or drugs, with specific exemptions for small-scale sellers of certain adulterated foods.

The newly added section 18-5D-3A prohibits the use of specific food additives, including Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2, and Green Dye No. 3, in meals served in school nutrition programs, effective August 1, 2025. However, schools may allow the sale of non-compliant food items during fundraising events, provided these sales occur off school premises or at least half an hour after the school day ends. This legislation aims to enhance public health standards in food safety, particularly in educational settings.

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