West Virginia Gov. Patrick Morrisey could soon sign a sweeping ban on several common food dyes and preservatives.

The measure, HB 2354, would prohibit the sale of any food product in the state that includes the dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3 that are commonly used in candy, cakes and cereal products. Also targeted by the bill are foods containing butylated hydroxyanisole and propylparaben that are used in processed meats and baked goods.

A provision in the bill allows K-12 schools to permit the sale of these foods as long as it takes place outside school grounds and after hours. Those in violation of the bill could face a fine of $500 or a year in prison.

The bill passed the state House in February and was approved by the state Senate this month. It now sits on the desk of Morrisey, who is expected to sign it.

“I met with the governor Sunday evening for a couple of hours,” Sen. Jason Barrett, R-Berkeley, told WV News. “We certainly talked about this issue and all inductions from him are that he’s going to sign the bill.”

Barrett added in a post on Facebook that the law is crucial for defending children in the state.

“We can no longer allow the children of our state to be fed food loaded with harmful chemicals that impacts their ability to learn and thrive,” he wrote. “Food corporations are choosing profits over people and the very least we can do is protect our children from these harmful chemicals while they’re at school.”

If the measure receives the governor’s signature, it would take effect Jan. 1, 2028.

At least a dozen other states are also considering bans on food dyes. Michigan State University pharmacology expert Jamie Alan argued such moves could be a healthy step for children.

“They do very specifically affect a very vulnerable population,” Alan said of food dyes. “When you look at the individual dyes, there’s evidence for almost all of them of instigating or being correlated with behavioral difficulties in children.”

Other states that have passed or proposed food dye legislation include California, Illinois, Maryland, Missouri, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Virginia and Washington. The need to protect public health by outlawing the dyes and other chemical additives in certain foods has been cited by most states.

Editor’s note: Geoff Harris contributed to this story.

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