This bill aims to amend the Code of West Virginia by introducing a new section, 18-5D-3B, which prohibits the inclusion of ultra-processed foods in school nutrition programs. The bill defines ultra-processed foods as those that are industrially manufactured and contain specific ingredients that enhance their palatability, texture, or shelf stability, such as artificial sweeteners, flavor enhancers, and preservatives. It clarifies that whole or minimally processed foods, as well as certain medical and dietary accommodations, are exempt from this definition.

Under the new regulations, public schools and county boards of education participating in state-administered meal programs are prohibited from purchasing, preparing, or serving ultra-processed foods as part of reimbursable school meals. The West Virginia Department of Education is tasked with developing compliant and non-compliant food lists, providing training for school nutrition personnel, and allowing for phase-in periods or waivers in cases of limited local sourcing. The bill emphasizes that compliance will be achieved through guidance and support rather than punitive measures against students or school staff.

Statutes affected:
Introduced Version: 18-5D-3