CHARLESTON, WV (LOOTPRESS) – The Senate completed legislative action Friday on a bill that would ban certain food dyes and additives in West Virginia.
House Bill 2354 would ban specific food additives and dyes found in processed food products sold in the state, such as red dye No. 3 and yellow dye No. 5, deemed to be unsafe. Other additives that would be prohibited include butylated hydroxyanisole, propylparaben, red dye No. 40, yellow dye No. 6, blue dye No. 1, blue dye No. 2, and green dye No. 3.
The Senate amended the bill last week to make Jan. 1, 2028, the effective date of the bill. However, restrictions in the legislation would prohibit the inclusion of these dyes and additives in meals served in schools, as part of nutrition programs, beginning Aug. 1. According to the bill, schools would still be able to sell non-compliant items for fundraising purposes if sold off-premises or after school hours.
Under the legislation, individuals who knowingly contaminate food items for sale containing the banned food dyes and additives without informing the buyer could be charged with a misdemeanor and face potential fines up to $500, spend up to one year in prison or both, while also covering the costs of analyzing the substance.
Supporters of the bill point to evidence of health concerns generally, as well as behavioral impacts in children that are associated with these dyes and additives.
Opponents of the bills say that replacing currently available food products with products without the dyes and additives would make those items more expensive and less available.
A House amendment to the bill yesterday, protects individuals in the state from criminal provisions in the bill as long as they sell less than $5,000 in aggregate food sales per month from products containing the banned food additives and dyes. The intention of that amendment was to protect mom and pop retailers.
The Senate agreed with that amendment on Friday and sent the bill to the Governor’s desk to await his signature.
The Senate is adjourned until Monday, March 17, at 11 a.m.
