The bill amends sections 16-7-2 and 16-7-4 of the Code of West Virginia, 1931, and introduces a new section, 18-5D-3A, aimed at enhancing public health standards by prohibiting certain harmful food additives in school nutrition programs. Specifically, it identifies specific food additives, including various artificial dyes such as 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, as unsafe for inclusion in meals served in schools, effective August 1, 2025. The bill also provides exceptions for food items sold during school fundraising events, allowing them to be sold off school premises or on school grounds after school hours.

Additionally, the bill updates the definition of adulteration in food and drugs, emphasizing the prohibition of substances that are poisonous or injurious to health, including specific food additives. It establishes penalties for those who knowingly adulterate food or drugs, with fines and potential jail time, while also exempting individuals 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 made to the 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