Two Republican lawmakers say they’ll introduce legislation to ban synthetic dyes in food, including meals served in West Virginia’s public schools.
The bills would likely ban a list of color additives, including Red No. 3, which have been reported to have negative effects on humans. These dyes are typically found in snack foods, processed baked goods, fruit drinks and breakfast cereals.
Sen. Jason Barrett, R-Berkeley, said his legislation will focus on eliminating dyes in school food. It’s a critical bill, he said, as the Senate seeks to address elementary school discipline issues affecting teacher safety and classroom outcomes.
“These synthetic foods cause restlessness, irritability and aggressiveness. It really impacts a child’s ability to learn and function,” Barrett said.
California has already banned synthetic dyes in school food, and the Virginia Legislature is advancing legislation that would ban seven color additives in school meals.
“When children in West Virginia go to school, [for] some of them this is the best meal of the day they’re going to get, and maybe in some cases, unfortunately, is the only hot meal they’re going to get. The least we can do is provide a safe meal,” Barrett added.
In the House of Delegates, Del. Evan Worrell, R-Cabell, wants a broader piece of legislation that would ban artificial dyes statewide in grocery stores as well as in school foods.
The federal government recently banned red dye No. 3 in food and beverages. The dye, made from petroleum, gives food its cherry-red hue. The federal ban is set to take effect in 2027, which Worrell said was too long to wait and doesn’t include other dyes.
“We really are poisoning our children. Manufacturers are choosing money over the health of our children,” said Worrell, who serves as the chair of the House Health Committee. Like Barrett, Worrell sees the ban as critical in addressing behavioral issues in young children. “I want to ban all synthetic dyes and I want to bring out the opposition. Who’s going to go up against this?” he asked.
A price tag for schools implementing the bill could be its biggest roadblock, especially in the GOP-led Legislature that could grapple with Gov. Patrick Morriey’s projected $400 million deficit for the next fiscal year.
“I don’t think we should be sacrificing our students’ health and wellbeing and their ability to learn on a few pennies on a bill,” Barrett said.
Barrett, who was recently named chair of the Senate Finance Committee, couldn’t give a projected price tag for implementing the change in school food. He hopes to work with the West Virginia Department of Education on the legislation.
“When a state agency doesn’t want a particular bill, they give an outrageous fiscal note. I’m hoping the state Department of Education doesn’t go down that path. [This is] really a priority for me,” Barrett said.
Worrell said that, based on his research, he didn’t anticipate much of a price hike for products in grocery stores should a statewide ban on synthetic dyes in food take effect. He said opposition for his measure was likely to come from food manufacturers.
Europe bans some food additives, some that are suspected carcinogens, that are still legal in the United States.
“Most of these food manufactures are in the United States, and they are making a completely different and healthier product and selling it to Europe,” Worrell said.
His proposed legislation would also create a school food safety task force to examine the state’s school nutrition program.
“I don’t want to take any food away from kids, but there are some school districts that are using local markets to get food, then others who have contracts with the USDA and order the food they can bring in,” Worrell said.
The Regular 60-Day Session begins Feb. 12.
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