WV SB764

Bans specific synthetic food dyes and preservatives by classifying them as adulterated foods, including FD&C Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, Green No. 3, butylated hydroxyanisole, and propylparaben

Applies to products manufactured on or after January 1, 2028

Establishes civil penalties of up to $500 for knowingly selling foods containing the banned additives, plus analysis costs up to $25 per case

Exempts sellers with less than $5,000 in monthly aggregate sales of affected products from penalties

Cites legislative findings linking synthetic food dyes and preservatives to elevated cancer risk and hyperactivity/neurobehavioral issues in children