Plain English Breakdown
The plain English breakdown is still being put together. The official documents below are already here.
HB4852 • 2026
Relating to regulation of foods
Relating to regulation of foods
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: HB4852 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the committee amendment on page 4, section 12, after line 25, by inserting a new subdivision (5), to read as follows: (5) Pepperoni rolls which are made, distributed, and sold in this state; And, By renumbering the remaining subdivisions.
- HB4852 SFA Garcia #1 3-12 Wolfe 7816 Senator Garcia moved to amend the committee amendment on page 4, section 12, after line 25, by inserting a new subdivision (5), to read as follows: (5) Pepperoni rolls which are made, distributed, and sold in this state; And, By renumbering the remaining subdivisions.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #1 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 4, section 12, lines 1-2, by striking out all of subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The following additives shall not be permitted as an ingredient in food, as defined in §16-7-1 of this code, 6 months following a determination by the Food and Drug Administration that they are poisonous or injurious to health:; And, On page 4, section 12, lines 17-18, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision (1) to read as follows: (1) A food manufactured prior to a finding by the Food and Drug Administration that they are poisonous or injurious to health.
- HB4852 SFA Tarr #1 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 4, section 12, lines 1-2, by striking out all of subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The following additives shall not be permitted as an ingredient in food, as defined in §16-7-1 of this code, 6 months following a determination by the Food and Drug Administration that they are poisonous or injurious to health:; And, On page 4, section 12, lines 17-18, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision (1) to read as follows: (1) A food manufactured prior to a finding by the Food and Drug Administration that they are poisonous or injurious to health.
- Such food may be sold until existing inventories are depleted.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #2 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) A food manufacturer, distributor, or seller who has a physical location in West Virginia.
- HB4852 SFA Tarr #2 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) A food manufacturer, distributor, or seller who has a physical location in West Virginia.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #3 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, and selling of packaged chips or chip like snacks.
- HB4852 SFA Tarr #3 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, and selling of packaged chips or chip like snacks.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #4 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, and selling of bread and biscuit mixes.
- HB4852 SFA Tarr #4 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, and selling of bread and biscuit mixes.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #5 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling, bottling, and packaging of flavored, non-flavored, dried and liquid dairy products.
- HB4852 SFA Tarr #5 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling, bottling, and packaging of flavored, non-flavored, dried and liquid dairy products.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #6 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling of poultry and processed meat.
- HB4852 SFA Tarr #6 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling of poultry and processed meat.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Plain English: HB4852 SFA Tarr #7 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling baked and processed foods.
- HB4852 SFA Tarr #7 3-12 Dellinger 7965 Senator Tarr moved to amend the Judiciary committee amendment on page 5, section 12, line 28, by striking out the word "and"; On page 5, section 12, line 29, by changing the period to a semicolon and adding the word "and"; And, On page 5, section 12, after line 29 by adding a new subdivision designated subdivision (7) to read as follows: (7) Manufacturing, distributing, selling baked and processed foods.
- Adopted Rejected
- This amendment summary is using official source text because generated interpretation was skipped for this run.
Bill History
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2026-03-12
S
Referred to Rules on 2nd reading
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2026-03-12
S
On 2nd reading
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2026-03-11
S
Read 1st time
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2026-03-11
S
Immediate consideration
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2026-03-11
S
Reported do pass, with amendment
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2026-02-26
S
To Judiciary
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2026-02-26
S
Reported do pass, with amendment, but first to Judiciary
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2026-02-18
S
To Health and Human Resources
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2026-02-18
S
To Health and Human Resources then Judiciary
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2026-02-18
S
Introduced in Senate
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2026-02-17
H
Communicated to Senate
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2026-02-17
H
Effective from passage (Roll No. 109)
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2026-02-17
H
Passed House (Roll No. 106)
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2026-02-17
H
Read 3rd time
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2026-02-17
H
On 3rd reading, Special Calendar
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2026-02-16
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Read 2nd time
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2026-02-16
H
On 2nd reading, Special Calendar
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2026-02-13
H
Read 1st time
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2026-02-13
H
On 1st reading, Special Calendar
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2026-02-12
H
By substitute, do pass
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2026-02-03
H
Markup Discussion
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2026-01-28
H
To House Health and Human Resources
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2026-01-28
H
Introduced in House
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2026-01-28
H
To Health and Human Resources
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2026-01-28
H
Filed for introduction
Official Summary Text
Relating to regulation of foods
Current Bill Text
Read the full stored bill text
HB 4852 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Engrossed Version House Bill 4852 History OTHER VERSIONS - Committee Substitute (1) | Introduced Version | | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session ENGROSSED Committee Substitute for House Bill 4852 By Delegates Worrell and Burkhammer [Originating in the Committee on Health and Human Resources; Reported on February 9, 2026] A BILL to amend and reenact §16-7-2 and §16-7-4 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section designated, §16-7-12; relating to additives not permitted in foods; establishing civil penalties; and providing exemptions. Be it enacted by the Legislature of West Virginia: ARTICLE 7. PURE FOOD AND DRUGS. §16-7-2. What constitutes adulteration. Any drug or article of food shall be deemed to be adulterated within the meaning of this article: for the purpose of this article: (a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia official at that time, it differs from the standard of strength, quality, or purity laid down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia official at the time, but which is found in some other pharmacopoeia or other standard work of materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) If its strength, quality, or purity falls below the professed standard under which it is sold; (4) If it be an imitation of, or offered for sale under the name of, another article; or (5) If the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indicia, chloral hydrate, acetanilide, or any derivative or preparation of any such substance contained therein: Provided , That nothing in this paragraph shall be construed to apply to the dispensing of prescriptions written by regular licensed practicing physicians, veterinary surgeons, or dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, which are sold under the name by which they are recognized. (b) In the case of food, drink, confectionery, or condiment: (1) If any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength, or purity; (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) If it is an imitation of, or is sold under the name of, another article; (5) If it consists wholly or in part of diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the product of a diseased animal; (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) If it contains any added substance or ingredients which are poisonous or injurious to the health; including butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6; (8) If it is sold under a coined name and does not contain some ingredient suggested by such name or contains only an inconsiderable quantity; or (9) If the package containing it or any label thereon shall bear any statement regarding it or its composition which shall be false or misleading in any particular: Provided , That the provisions of this article do not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale is distinctly labeled in words of the English language as mixtures or compounds, with the name and percent of each ingredient therein; the word "compound" or "mixture" shall be printed in type not smaller in either height or width than one half the largest type upon any label on the package, and the formula shall be printed in letters not smaller in either height or width than one fourth the largest type upon any label on the package, and said compound or mixture must not contain any ingredients injurious to the health. (10) The amendments made to this section during the 2025 regular session of the Legislature shall be effective on January 1, 2028; §16-7-4. Penalty for adulterating food or drugs, or for manufacturing or selling adulterated food or drugs. (a) Whoever, by himself or herself or his or her agents, knowingly adulterates or causes to be adulterated any article of food or drug, or knowingly manufactures for sale, offers for sale, or sells, within this state, any article of food or drug which is adulterated within the meaning of this article, without making the same known to the buyer, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $500, or confined in jail not more than one year, or both, in the discretion of the court; and in addition to the penalties hereinbefore provided, he or she shall be adjudged to pay the cost and expense of analyzing such adulterated food or drug, as set forth in the certificate of the person making the analysis, not exceeding $25 in any one case, which shall be included in the costs of such prosecution and taxed in favor of the state department of health or the West Virginia Board of Pharmacy, as the case may be; and if he or she be a registered pharmacist or assistant pharmacist, his or her name shall be stricken from the register. The adulterated article shall be forfeited and destroyed. (b) This section does not apply to any person who offers for sale, or sells, within this state, less than $5,000, in aggregate, of adulterated food, per month, when the food is adulterated by including of butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, or FD&C Yellow No. 6. §16-7-12. Additives not permitted in foods. (a) The following additives are not permitted as an ingredient in food, as defined in section 16-7-1 of this chapter, that is manufactured on or after January 1, 2028: (1) Butylated hydroxyanisole; (2) Propylparaben; (3) FD&C Blue No. 1; (4) FD&C Blue No. 2; (5) FD&C Green No. 3; (6) FD&C Red No. 3; (7) FD&C Red No. 40; (8) FD&C Yellow No. 5; (9) FD&C Yellow No. 6. (b) A person, or by his or her agents, knowingly manufactures for sale, offers for sale, or sells, within this state, a food containing one or more of the additives listed in subsection (a) of this section shall be subject to the provisions of §16-1-15, and if found in violation thereof is subject to a civil penalty in an amount not to exceed $500 for each individual food item. (c) This section does not apply to: (1) A food manufactured prior to January 1, 2028. Such food may be sold until existing inventories are depleted, but not past July 1, 2028; and (2) To any person who offers for sale, or sells, within this state, less than $5,000, in aggregate, of food, per month, when the food contains the additives provided in §16-7-12(a). 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