SB 764
Prohibiting certain adulterated products
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to protect West Virginia citizens by prohibiting the sale of certain food and drug products that contain adulterated ingredients. Specifically, it lists several synthetic food dyes and preservatives (including FD&C Blue No. 1, FD&C Red No. 3, and butylated hydroxyanisole) as substances that render a product adulterated. The bill establishes civil and criminal penalties for those who knowingly sell such products, with exceptions for small-scale sales and dispensing of medications by licensed professionals.
Key provisions
- Defines ‘adulterated’ for food and drugs, listing specific prohibited ingredients and substances.
- Prohibits the sale of food and drugs containing listed synthetic food dyes and preservatives.
- Establishes civil penalties for selling adulterated food, up to $500.
- Establishes criminal penalties for adulterating food or drugs, up to one year in jail and a $500 fine.
- Specifies that penalties do not apply to certain food products adulterated solely by adding the listed preservatives.
- Sets a threshold of $5,000 in aggregate monthly sales before civil penalties apply.
- Requires labeling of mixtures and compounds to clearly identify ingredients.
- Provides for the forfeiture and destruction of adulterated products.
Who is affected
- Food manufacturers and distributors
- Drug manufacturers and distributors
- Retailers selling food and drugs
- Consumers in West Virginia
- The State Department of Health and the West Virginia Board of Pharmacy
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