CHARLESTON, WV (LOOTPRESS) On Friday, the Senate passed legislation prohibiting certain food dyes and additives in West Virginia.
House Bill 2354 would prohibit certain food additives and dyes used in processed food products sold in the state, such as red dye No. 3 and yellow dye No. 5, which are deemed dangerous.
Other additives that would be forbidden are 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 revised the bill last week, making January 1, 2028 the effective date. However, the measure would prohibit the use of certain dyes and chemicals in school meals as part of nutrition programs beginning August 1. According to the measure, schools can continue to sell non-compliant items for fundraising purposes if they are sold off-site or after school hours.
Individuals who knowingly contaminate food items for sale with banned food dyes and additives without informing the buyer may be charged with a misdemeanor and face fines of up to $500, up to one year in prison, or both, as well as the costs of analyzing the substance.
Supporters of the measure cite evidence of general health issues, as well as behavioral effects in children, related with these dyes and chemicals.
Opponents of the proposals argue that replacing currently available food products with those free of dyes and chemicals will increase their cost and scarcity.
A House amendment to the measure passed yesterday safeguards persons in the state from the bill’s criminal elements if they sell less than $5,000 in total food sales per month from products containing the banned food additives and dyes. That amendment was intended to protect mom and pop stores.
On Friday, the Senate concurred with the revision and sent the law to the Governor’s desk for approval.
