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 clarify what constitutes adulteration in both drugs and food, including the prohibition of certain harmful substances such as butylated hydroxyanisole and various food dyes. Additionally, the bill establishes that the amendments will take effect on January 1, 2028, and outlines penalties for those who knowingly sell adulterated products.

The new section 18-5D-3A prohibits specific food additives deemed unsafe, 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, from being included in meals served in school nutrition programs, effective August 1, 2025. However, it allows for exceptions during school fundraising events, permitting the sale of non-compliant food items under certain conditions. This legislation aims to enhance public health standards and protect students from potentially harmful food additives.

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