Senate Bill No. 200
(By Senators Snyder and Fanning)
[Originating in the Committee on Health and Human Resources;
reported February 19, 2003.]
A BILL to amend section twenty-two-a, article six, chapter sixteen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to food service
establishments and the requirements to post notices concerning
the presence of sulfites in salads and salad crispers added to
lettuce; providing for enforcement by local health
departments; and establishing penalties for noncompliance.
Be it enacted by the Legislature of West Virginia:
That section twenty-two-a, article seven, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. PURE FOOD AND DRUGS.
Sulfite use warning Warnings for use of salad
(a) Any restaurant or food service establishment regulated
pursuant to this article
utilizing sulfites as a preservative on
salad bars shall prominently display a public notice in the
following words: "NOTICE TO PERSONS USING SALAD BAR: This
establishment applies sulfites as a preservative on items in the
Any restaurant or food service establishment, in this
state, which sells, or offers for sale, for consumption on the
premises of the establishment, lettuce that is treated with salad
crispers, shall provide on its premises the following printed
notice to customers and potential customers: "Notice: The lettuce
sold here has been treated with salad crispers."
(c) The state director of health is responsible for
administering this section. He may delegate the duties to any
county boards of health or combined local boards of health.
(d) The state health department shall publish standards, by
legislative rule, for such notices,
assuring a uniform size and
color of the notices to be purchased by the owner of any such
establishment specifying a minimum size in area for signs and
requiring that notices, printed in menus, be in type no smaller
than twelve point.
(e) Any person found to have violated the provisions of this
section is subject for a first offense to a written reprimand and
warning. Any person found to have violated the provisions of this
section for a second or subsequent time is subject to a fine of up
to five hundred dollars and may be subject to revocation of license to operate a restaurant or food establishment.
NOTE: The purpose of this bill is to require restaurants or
other food service establishments to advise their customers with
printed notices when salad crispers are added to the lettuce sold
in the establishment.
This section is new; therefore, strike-throughs and
underscoring have been omitted.