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West VirginiaHB 48522026 Regular SessionHouse

Relating to regulation of foods

Sponsored By: Evan Worrell (Republican)

Failed

§16-7-2Senate Rules

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

West Virginia foods face new additive limits

For food made on or after January 1, 2028, West Virginia bans nine additives to strengthen consumer protections. These are butylated hydroxyanisole (BHA), propylparaben, and FD&C Blue Nos. 1 and 2, Green No. 3, Red Nos. 3 and 40, and Yellow Nos. 5 and 6. People who knowingly make this food for sale, offer it for sale, or sell it in the state face civil penalties. Penalties can reach $500 for each individual food item. Food made before January 1, 2028, can be sold until supplies run out, but not past July 1, 2028. People offering or selling less than $5,000 monthly in total food containing these additives are exempt from the ban. The law keeps existing food and drug adulteration standards and removes the separate adulteration penalty section, using civil enforcement instead.

Sponsors & Cosponsors

Sponsor

  • Evan Worrell

    Republican • House

Cosponsors

  • Adam Burkhammer

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 161 • No: 28

House vote • 2/17/2026

Effective from passage (Roll No. 109)

Yes: 84 • No: 10

House vote • 2/17/2026

Passed House (Roll No. 106)

Yes: 77 • No: 18

Actions Timeline

  1. On 2nd reading

    3/12/2026Senate

  2. Referred to Rules on 2nd reading

    3/12/2026Senate

  3. Reported do pass, with amendment

    3/11/2026Senate

  4. Immediate consideration

    3/11/2026Senate

  5. Read 1st time

    3/11/2026Senate

  6. Reported do pass, with amendment, but first to Judiciary

    2/26/2026Senate

  7. To Judiciary

    2/26/2026Senate

  8. Introduced in Senate

    2/18/2026Senate

  9. To Health and Human Resources then Judiciary

    2/18/2026Senate

  10. To Health and Human Resources

    2/18/2026Senate

  11. On 3rd reading, Special Calendar

    2/17/2026House

  12. Read 3rd time

    2/17/2026House

  13. Passed House (Roll No. 106)

    2/17/2026House

  14. Effective from passage (Roll No. 109)

    2/17/2026House

  15. Communicated to Senate

    2/17/2026House

  16. On 2nd reading, Special Calendar

    2/16/2026House

  17. Read 2nd time

    2/16/2026House

  18. On 1st reading, Special Calendar

    2/13/2026House

  19. Read 1st time

    2/13/2026House

  20. By substitute, do pass

    2/12/2026House

  21. Markup Discussion

    2/3/2026House

  22. Filed for introduction

    1/28/2026House

  23. To Health and Human Resources

    1/28/2026House

  24. Introduced in House

    1/28/2026House

  25. To House Health and Human Resources

    1/28/2026House

Bill Text

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