This bill aims to amend the Code of West Virginia by introducing a new section and modifying existing sections related to the adulteration of food and drugs. It establishes legislative findings that highlight health concerns associated with synthetic food dyes and preservatives, emphasizing the need for regulation to protect public health. The bill specifically identifies certain substances, including butylated hydroxyanisole, propylparaben, and various FD&C color additives, as adulterated ingredients in food products. It also sets forth the effective date for these amendments as applying to products manufactured on or after January 1, 2028.

Additionally, the bill outlines the penalties for adulterating food or drugs, distinguishing between criminal and civil penalties. While criminal penalties apply to general adulteration, the bill specifies that certain foods adulterated with the identified substances will not incur criminal penalties but may be subject to civil penalties. The bill also includes provisions for the forfeiture and destruction of adulterated products and clarifies that individuals or entities selling less than $5,000 of such adulterated food per month are exempt from these penalties. Overall, the legislation seeks to enhance food safety regulations and clarify the legal framework surrounding food adulteration in West Virginia.

Statutes affected:
Introduced Version: 16-7-1a, 16-7-2, 16-7-4