dbeard@domininopost.com
MORGANTOWN – The House of Delegates overwhelmingly approved on Friday a bill to ban certain food preservatives and synthetic dyes.
The vote to pass HB 2354 was 93-5. It will head to the Senate. As it happened, the version of the bill the delegates passed was amended on the House floor to match the senate version, SB 245, which advanced out of Senate Health on Thursday and will be on first reading on the Senate floor on Monday.
The version of HB 2354 that came to the floor bans red dye 3, red 40, yellow 5, yellow 6, blue 1, blue 2 and green 3 – because the dyes are linked to neurological and neurobehavioral impacts in children.
The bill also bans butylated hydroxyanisole (BHA) and propylparaben, synthetic food preservatives.
The bill sat idle for several days during talks with the Senate, and on Friday House Health chair Evan Worrell, R-Cabell brought his amendment to the floor that adopted the Senate version.
It maintains the dye and preservative bans but makes the bans effective Jan. 1, 2027, to allow grocers and manufacturers time to adjust, and to coordinate with California legislation and federal mandates.
The bill also includes a ban on the listed dyes in school nutrition programs effective Aug. 1 this year. There’s an exception to the ban for school fundraisers.
Delegate Brandon Steele, R-Raleigh, said, “I’m glad to see us tackling an issue like this. Ronald McDonald’s killed far more people than the Marlboro Man ever met, all day long.”
Steele said the Japanese pay close attention to food additives. And while they pay a bit more and the foods might not stay as fresh as long, the children live longer healthier lives.
The FDA has already ordered that red dye 3 must be removed from foods by 2027 and medications by 2028 because of its links to cancer. It’s already banned in some European countries, Australia and New Zealand.
Alternate versions of some of the American foods that contain the synthetic dyes are available in other countries with safer colorings, and in American stores such as Aldi.
California has banned blue 1 and 2, green 3, red 40 and yellow 5 and 6 from schools because of concerns about behavior issues. Illinois, New York and Pennsylvania are looking at bans. Worrell said 23 state in total are looking at dye bans.
Delegate Larry Kump, R-Berkeley, said, “West Virginia health is ranked in the dumpster. Our diets are a big part of the ranking. … These food producers have not been held accountable for the liberties they have taken with our food and our people.”
Five Republicans voted against the bill.
Following passage, the National Confectioners Association issued a statement opposing the bill.
The NCA said, “This measure will make food more expensive for people in West Virginia. There is a role for state legislators and public health officials to play in the ongoing conversation about food additives, but – as we have been saying for years – FDA is the rightful national regulatory decision maker and leader in food safety.
“Food safety is the number one priority for U.S. confectionery companies,” NCA said, “and we will continue to follow and comply with FDA’s guidance and safety standards. Our consumers and everyone in the food industry want and expect a strong FDA, and a consistent, science-based national regulatory framework.”
That confidence in the FDA was not reflected in committee testimony in the Hose or Senate.
Environmental health consultant Lisa Lefferts, who served on the 2011 FDA advisory board looking into synthetic dyes, told House Health that the FDA is not leading the way on phasing out the dyes. It conducts pre-market safety reviews based on animal studies 35-70 years old that aren’t geared to contemporary health concerns.
And while some bodies, such at the West Virginia Beverage Association, cite current FDA approval of the dyes as assurance of their safety, Lefferts said the FDA has not done a thorough evaluation of them in decades and has nothing on its agenda. “I don’t think we can rely on the FDA.”
