The bill amends the Code of West Virginia to enhance food safety regulations by updating the definition of adulteration in relation to food, drink, confectionery, and condiments. It specifies that any food product containing certain harmful additives, including butylated hydroxyanisole and various artificial dyes (such as Red Dye No. 3 and Yellow Dye No. 5), will be considered adulterated and therefore unsafe. The bill also introduces a new section that prohibits these unsafe food additives in school nutrition programs, effective August 1, 2025. Additionally, it clarifies that the provisions do not apply to mixtures or compounds recognized as ordinary articles of food, provided they are properly labeled.

Furthermore, the bill establishes that the amendments made to the adulteration section will take effect on January 1, 2027. It allows for exceptions in school settings, permitting the sale of non-compliant food items during fundraising events, as long as these sales occur off school premises or at least half an hour after the school day ends. This legislation aims to protect the health of students and the general public by regulating harmful substances in food products.

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