SB 698
Defining what constitutes adulteration of food or drugs
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s food and drug adulteration laws to specifically include certain artificial food colorings – FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6 – as adulterants when used in dietary supplements. The bill clarifies that the use of these colorings is permitted within the context of dietary supplements as defined by federal law. It maintains existing definitions of adulteration for other food and drug products.
Key provisions
- Permits the use of FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6 in dietary supplements.
- Defines adulteration of drugs based on differences from pharmacopoeia standards, strength variations, and misrepresentation.
- Defines adulteration of food based on the addition of inferior substances, substitution of ingredients, and misleading labeling.
- Specifies that a package must clearly label mixtures or compounds with ingredient names and percentages.
- Establishes requirements for the size and font of printed information on labels.
- Clarifies that the provisions regarding colorings do not apply to mixtures recognized as ordinary ingredients.
- Sets the effective date for amendments made during the 2025 session to January 1, 2028.
Who is affected
- Dietary supplement manufacturers
- Food and drug manufacturers
- Consumers
- West Virginia Department of Health and Human Resources
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