CHARLESTON — A bill banning certain food dyes and additives is the latest bill signed by Gov. Patrick Morrisey.

Morrisey announced Monday evening that he signed House Bill 2354, banning certain products from food in West Virginia.

“West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission,” Morrisey said. “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges.”

HB 2354 would amend State Code regarding adulterated food and drugs banning specific food additives and dyes found in processed food products sold 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 ban on food products would go into effect on Jan. 1, 2028. Restrictions in HB 2354 would prohibit the inclusion of these dyes and additives in meals served in schools as part of nutrition programs beginning Aug. 1. According to the bill, schools would still be able to sell non-compliant items for fundraising purposes if sold off-premises or after school hours.

The bill would also protect individuals in the state from criminal provisions in the bill as long as they sell less than $5,000 in aggregate food sales per month for products containing the banned food additives and dyes.

Under State Code, individuals who knowingly contaminate food items for sale containing the banned food dyes and additives without informing the buyer could be charged with a misdemeanor and face potential fines up to $500, spend up to one year in prison or both, while also covering the costs of analyzing the adulterated substance.

The U.S. Food and Drug Administration has already banned red dye No. 3 in January, ordering its removal from food products by Jan. 15, 2027, and from ingested drugs by Jan. 18, 2028. This comes after studies showing a link to cancer after tests on male mice, though it was unclear whether there was a human link to increased cancer rates. A 2021 California Environmental Protection Agency review of food dyes and additives found links between certain dyes and behavior issues in children.

California has already passed a narrow ban on certain dyes and Politico reports that more than a dozen states are considering similar bans. But HB 2354 would be one of the largest bans.

“Today’s announcement represents a step toward a productive dialogue about how West Virginia and our country can eat healthier and address some of the vexing health care problems facing our citizens,” Morrisey said.

“Through the implementation process, I look forward to advancing policies which improve our health care outcomes, maintain our jobs, and respect the FDA’s and supply channel’s role in the process.”