West Virginia Governor Signs Legislation Prohibiting Certain Colorants and Preservatives in Food

The Governor of West Virginia has signed House Bill 2354 into law, amending §16-7-2 of the Code of West Virginia, 1931. This new legislation aims to enhance public health protections by imposing stricter manufacturing and sales standards for food and pharmaceuticals. It also introduces new criteria for determining food and drug adulteration and prohibits specific hazardous additives in school nutrition programs as outlined in Chapter 18, Article 5D of the West Virginia Feed to Achieve Act.

Key Provisions

• Establishes stricter guidelines for identifying adulteration in food and drugs, including deviations from accepted strength, quality, or purity standards, the use of inferior substitutes, and the inclusion of toxic or harmful ingredients.
• Effective August 1, 2025, school nutrition programs will be prohibited from using certain synthetic dyes and preservatives, including:
  • Red Dye No. 3 and 40
  • Yellow Dye No. 5 and 6
  • Blue Dye 1 and 2
  • Green Dye 3
  • Butylated hydroxyanisole (BHA)
  • Propylparaben
• Fundraising activities are exempt from these restrictions if they meet specific criteria, such as occurring off school grounds or outside school hours.
• Mandates explicit labeling requirements for mixtures and compounds to promote ingredient transparency.
• The enforcement of these standards under House Bill 2354 is set to commence on January 1, 2027.

Impact and Next Steps

The passage of House Bill 2354 marks a significant step in public health policy, ensuring that food products consumed by children meet higher safety standards. Schools, food manufacturers, and retailers must begin preparations to comply with these new regulations. As enforcement approaches, stakeholders are encouraged to review ingredient formulations and update labeling practices to align with the law’s requirements.

This legislation positions West Virginia as a leader in food safety and transparency, reinforcing the state’s commitment to protecting consumers from potentially harmful substances in everyday products.