Plain English Breakdown
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HB5481 • 2026
To ban ultraprocessed foods (exempt drinks) from schools in WV
To ban ultraprocessed foods (exempt drinks) from schools in WV
Education
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-12
H
To House Education
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2026-02-12
H
Introduced in House
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2026-02-12
H
To Education
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2026-02-12
H
Filed for introduction
Official Summary Text
To ban ultraprocessed foods (exempt drinks) from schools in WV
Current Bill Text
Read the full stored bill text
HB 5481 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 Introduced Version House Bill 5481 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5481 By Delegates Amos and Burkhammer [Introduced February 12, 2026; referred to the Committee on Education] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5D-3B, relating to requiring certain ingredients not be included in foods prepared in West Virginia school nutrition programs. Be it enacted by the Legislature of West Virginia: ARTICLE 5D. WEST VIRGINIA FEED TO ACHIEVE ACT. §18-5D-3B. Ultra-processed foods prohibited. (a) Definitions: (1) "Ultra-processed food" a food or beverage product that: (A) Is industrially manufactured using a series of mechanical, chemical, or biological processes not typically performed in a household kitchen; and (B) Contains ingredients listed in §18-5D-3A of this code, as well as any food product that contains two or more ingredients whose primary purpose is to enhance palatability, texture, appearance, or shelf stability, including but not limited to: (i) Artificial or non-nutritive sweeteners; (ii) Industrial flavorings or flavor enhancers; (iii) Emulsifiers, stabilizers, anti-caking agents, foaming agents, or texturizers; (iv) Color additives not derived directly from whole foods; (v) Preservatives used primarily to extend shelf life beyond that achievable through refrigeration, freezing, or traditional canning; and (C) Is formulated to be ready-to-eat or heat-and-serve and designed to substitute for a freshly prepared meal or whole-food component. The term does not include whole or minimally processed foods; foods prepared by school food authorities using raw or minimally processed ingredients; foods processed solely by baking, roasting, freezing, drying, fermenting, pasteurizing, or canning without the addition of industrial functional ingredients; medical foods, infant formula, or foods required for disability or medical accommodation; non-alcoholic beverages containing non-nutritive sweeteners and no added caloric sugars. (b) Nutrition standards for school meals. (1) No public school, county board of education, or school food authority participating in a state-administered meal program shall purchase, prepare, or serve ultra-processed foods as defined in subsection (a) of this section as a reimbursable component of a school breakfast or lunch meal. (2) This section shall be implemented in a manner consistent with federal school meal requirements, and nothing herein shall be construed to require a waiver of federal reimbursement eligibility. (3) The West Virginia Department of Education shall: (A) Develop and publish a compliant foods list and a non-compliant foods list for school meal planning; (B) Provide technical assistance and training to school nutrition personnel; (C) Allow reasonable phase-in periods and hardship waivers where local sourcing or preparation capacity is limited. (4) Nothing in this section prohibits the occasional use of non-compliant foods for classroom celebrations or extracurricular events or foods brought from home by students. (c) Compliance with this section shall be achieved through procurement standards, menu planning guidance, and technical assistance, and shall not be enforced through student meal denial or punitive measures against school personnel. NOTE: The purpose of this bill is to prohibit the use of ultra-processed foods in meals provided by school nutrition programs. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: