This bill amends the Code of West Virginia to establish new regulations regarding food additives, specifically prohibiting certain substances from being included in food products manufactured after January 1, 2028. The prohibited additives include butylated hydroxyanisole, propylparaben, and various FD&C color additives (Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6). Additionally, the bill introduces civil penalties for individuals or entities that knowingly manufacture, offer for sale, or sell food containing these additives, with fines not exceeding $500 for each individual food item found in violation.

The bill also modifies existing sections of the Code by removing previous references to the same additives and clarifying that the new regulations will not apply to food manufactured before January 1, 2028, allowing such products to be sold until their inventories are depleted, but no later than July 1, 2028. Furthermore, it exempts individuals or entities that sell less than $5,000 in aggregate of food containing the prohibited additives per month from these penalties. This legislative change aims to enhance food safety and protect public health by eliminating potentially harmful substances from the food supply.

Statutes affected:
Introduced Version: 16-7-2
Committee Substitute: 16-7-2, 16-7-4, 16-7-12
Engrossed Committee Substitute: 16-7-2, 16-7-4, 16-7-12