West Virginia’s Legislature has overwhelmingly voted in favor of a bill that would ban certain artificial food dyes, first from school food and then more broadly statewide.
“This probably the most important bill that we will vote on in our entire careers,” said Senate Health Chairwoman Laura Wakim Chapman, R-Ohio.
“Remember this day, because this will be the start of making our state and our children healthier. This bill if signed into law will put us at the forefront of foods food safety in West Virginia.”
H. B. 2354 has not completed its legislative journey, though, because the state Senate bumped back the date that the statewide ban would take effect by one year. The House of Delegates would need to reconcile that change.
The Senate on Wednesday passed the bill 31-2 with one absence.
The House of Delegates passed the bill last week with 93-5 with 2 absences.
H. B. 2354 would ban certain food additives in school nutrition programs including butylated hydroxyanisole, propylparaben and seven color additives. Exemptions allow for school fundraisers off site or after the school day.
The ban on certain food additives in school nutrition programs would take effect by this coming August 1.
The House passed the bill with a statewide ban on the artificial dyes in food products effective Jan. 1, 2027.
An amendment on the Senate floor changed that date to 2028.
Chapman, the Senate Health chairwoman who addressed the bill on the floor, said thousands of West Virginians live in food deserts without access to healthy and nutritious foods. She said food dyes are often not made clear to consumers.
“We owe our children and grandchildren a better tomorrow. No more toxic colors, no more poisoning ourselves and our children, no more unnecessary risks. Our health is not for sale,” Chapman said.
The national trade organization that promotes the companies that make chocolate, candy, gum and mints has said the measure will make food more expensive in West Virginia.
“There is a role for state legislators and public health officials to play in the ongoing conversation about food additives, but – as we have been saying for years – FDA is the rightful national regulatory decision maker and leader in food safety,” according to the statement by the National Confectioners Association.
Senator Jason Barrett, R-Berkeley, pushed back on that position during comments about the bill.
“Opponents of this legislation have said this should be affect the federal government’s job. Well, no kidding, they’re right. I agree. But the FDA has failed to ensure the food in the United States of America is safe for consumption.
“Opponents have also said there will be no food on our shelves. This is a bullying a scare tactic and categorically false.”
Barrett also described this as a historic day in West Virginia. “West Virginia becomes a leader in the fight to rid our food supply of harm, harmful chemical additives by banning synthetic dyes,” he said.