West Virginia Senate passes bill banning harmful food dyes and preservatives by 2028

March 05, 2025 | 2025 Legislature WV, West Virginia


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West Virginia Senate passes bill banning harmful food dyes and preservatives by 2028
West Virginia is poised to take a significant step towards improving public health with the recent passage of a bill aimed at banning certain artificial food dyes and chemical preservatives. During a Senate session on March 5, 2025, lawmakers approved the engrossed committee substitute for House Bill 2354, which prohibits the use of harmful additives in food sold within the state.

The bill, which received overwhelming support in the House of Delegates with a vote of 93 to 5, will ban several synthetic dyes, including Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6, citing health concerns related to their consumption. These additives have been linked to various health issues, including hyperactivity and potential carcinogenic effects. The legislation also targets preservatives such as butylated hydroxyanisole and propylparaben.

A key amendment proposed by Senator Randolph extends the implementation date for the consumer side of the legislation to January 1, 2028, allowing time for compliance. However, the bill's provisions banning these dyes from school nutrition programs will take effect sooner, on August 1, 2025, with exceptions for certain fundraising activities.

Senators emphasized the importance of this legislation in addressing West Virginia's alarming health statistics, including the highest rates of diabetes and obesity in the nation. With 27% of residents living in food deserts, access to healthy food options is a pressing issue. The bill aims to position West Virginia as a leader in food safety and public health, aligning with practices in other countries that have already banned these harmful additives.

Supporters of the bill highlighted the need for safer food options for children and families, arguing that the state should not lag behind others in ensuring food safety. They pointed out that many companies already offer products without synthetic dyes in other markets, suggesting that similar options could be available in West Virginia.

As the bill moves forward, it represents a significant shift in food policy aimed at protecting the health of West Virginians, particularly children, and addressing the state's ongoing public health challenges.

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