State Senate Health and Human Resources Committee Chairwoman Laura Wakim Chapman said House Bill 2354, banning certain products from food in West Virginia, was the most important bill members will vote on all session. (Photo courtesy of WV Legislative Photography)

CHARLESTON — A bill banning certain synthetic products found in food in West Virginia could be one of the first non-tax-related bills on the desk of Gov. Patrick Morrisey if the House of Delegates concurs with changes made to the bill by the state Senate Wednesday.

The Senate passed House Bill 2354, banning certain products from food in West Virginia, in a 31-2 vote, sending the bill back to the House for concurrence.

HB 2354 seeks to amend State Code regarding adulterated food and drugs, outlining specific additives included in many food products in the state, such as red dye No. 3 and yellow dye No. 5, deeming them 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 state Senate adopted an amendment offered by state Sen. Robbie Morris, R-Randolph, changing the effective date of the bill from Jan. 1, 2027, to Jan. 1, 2028.

The restrictions in HB 2354 would extend to school nutrition programs, prohibiting the inclusion of these dyes in meals served in schools beginning Aug. 1. However, schools can sell non-compliant items for fundraising purposes if sold off-premises or after school hours.

State Sen. Jason Barrett said HB 2354 will make West Virginia healthier and make the state a leader. (Photo courtesy of WV Legislative Photography)

“This is probably the most important bill that we will vote on in our entire careers here,” said Senate Health and Human Resources Committee 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 food safety in West Virginia.”

“As our Health Chair indicated, this is a historic day in West Virginia,” said state Sen. Jason Barrett, R-Berkeley. “West Virginia becomes a leader in the fight to rid our food supply of harmful chemical additives by banning synthetic dyes.”

The primary driver behind the bill is a concern for public health, particularly the health of children. Proponents cite the state’s poor health outcomes, such as high rates of diabetes and obesity; and the potential link between the targeted food additives and adverse health effects in children, such as hyperactivity, memory issues, and even cancer.

“Nearly a half a million West Virginians struggle to reach healthy and nutritious foods,” Chapman said. “Our incidence of diabetes is the highest in the nation and we are the most obese in the country. This bill bans certain food dyes by 2028. Some of these dyes are petroleum or crude oil based and linked to cancer, hyperactivity, and memory issues.”

Both Chapman and Barrett pointed out that many grocery chains, such as Aldi and Costco, have already discontinued stocking products with these synthetic dyes, while food manufacturers are beginning to discontinue use of these additives. Also, European countries have prohibited use of several of the additives in question.

“Do the children and families in Milan deserve safer food than those in Martinsburg,” Barrett said. “Do those in London deserve safer food than those in Logan? Or do those in Paris deserve better than those in Parkersburg?”

The House passed HB 2354 last week in a 93-5 vote after the House amended the bill to include the provisions of Senate Bill 545, which Barrett was a lead sponsor of.

The bill was opposed by the National Confectioners Association, which expressed concern last week regarding HB 2354, arguing that the bill could raise the price of food and add to food scarcity issues. They believe the state should abide by the guidance on these additives offered by the U.S. Food and Drug Administration.

“This measure will make food significantly more expensive for and significantly less accessible to people in West Virginia in the current environment,” a NCA spokesperson said. “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.”

“Opponents of this legislation have said this should be the federal government’s job. Well, no kidding,” Barrett said on the Senate floor. “They’re right. I agree. But the FDA has failed to ensure the food in the United States of America is safe for consumption. The FDA has not re-evaluated these chemicals in decades.

“With the passage of this bill, West Virginia signals to other states across the country that this can and should be done,” Barrett continued. “The other states can and should lead on this issue because it’s clear the federal government has yet to do that. With passage of this bill, we are saying to big food corporations that the health of our people comes first.”

Steven Allen Adams can be reached at sadams@newsandsentinel.com