Senate Bill No. 656

(By Senator Snyder)

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[Introduced February 18, 2002; referred to the Committee

on Health and Human Resources.]

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A BILL to amend article seven, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-a, relating to prohibiting the sale of or offering for sale, salads for human consumption, containing food additives; authorizing rulemaking by the commissioner for the bureau for public health; and providing that the section does not take effect unless rules are filed with the legislative rule-making review committee by a date certain.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven-a, to read as follows:
 ARTICLE 7. PURE FOOD AND DRUGS.
§16-7-7a. Offering for sale salad containing food additives; penalties.

(a) No person may sell or offer for sale for human consumption salad containing food additives. For purposes of this section, "food additive" means any organic or inorganic substance or material, such as preservatives, crispers, or antioxidants or any substance capable of harming human health, as determined by the commissioner of the bureau for public health: Provided, That nothing in this section may be construed to prohibit the use of ice as a preservative or the use of refrigeration.
(b) The commissioner of the bureau for public health shall propose rules for legislative approval in accordance with article three, chapter twenty-nine of this code designed for the appropriate enforcement of this section, including rules defining the terms "salad" and "food additive."
(c) The provisions of this section shall not take effect unless the commissioner of the bureau for public health proposed legislative rules as authorized in subsection (b) of this section are filed with the legislative rule-making and review committee on or before the first day of December, two thousand two.



NOTE: The purpose of this bill is to prohibit the sale for human consumption of salad with food additives.
This section is new; therefore, strike-throughs and underscoring have been omitted.