SB 764 West Virginia Senate · 2026 Regular Session

Prohibiting certain adulterated products

This bill prohibits the use of specific synthetic food dyes and preservatives - including butylated hydroxyanisole, propylparaben, and FD&C dyes like Yellow No. 5 and Red No. 40 - in food products sold in West Virginia. It directly affects food manufacturers, processors, and retailers who sell products containing these ingredients. The law defines these substances as "adulterated" under food safety rules, banning them based on legislative findings linking them to health risks like cancer and childhood hyperactivity. The prohibition applies to products manufactured on or after January 1, 2028, with civil penalties for violations.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 5, 2026 Last action Feb 5, 2026
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Total actions
3
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Committee
1
Feb 5, 2026
Introduced
Introduced in Senate
upper
Feb 5, 2026
Committee
To Health and Human Resources
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Brian Helton
Brian Helton
RRepublican
WV
9