SB 745 — Relating to requirements for school nutrition programs

CS for SB 745 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 745 ByBYS SenatorsENATORH HeltonELTO, andUCKER,ANDTAYLOR Rucker [Reported February 18,24, 2026, from the Committee on HealthFinance] andCS Humanfor Resources] CS for SB 745 A BILL to amend and reenact §18-5D-3A§18-5d-3a of the Code of West Virginia, 1931, as amended, relating to requirements for public school nutrition programs;

permitting waiver;waiver in certain circumstances;

(b) Effective August 1, 2027, the following food additives shall be deemed unsafe and shall not be permitted as an added ingredient in any meal served in a school nutrition program as set forth in this article:article in a public school under the general supervision of the State Board of Education:

CS for CS for SB 745 (5) Sodium benzoate;

1 CS for SB 745 (6) Propyl gallate;

(c) Effective August 1, 2027, no more than 10 percent of daily calories served in a school nutrition program as set forth in this article may come from added sugars or as provided by the United States Department of Agriculture's Child Nutrition ProgramsPrograms, whichever is less:

Provided, That effective August 1, 2028, no more than seven percent of daily calories served in a school nutrition program as set forth in this article may come from added sugars or as provided by the United States Department of Agriculture's Child Nutrition ProgramsPrograms, whichever is less;less:

Provided, however,However, That effective August 1, 2029, no more than five percent of daily calories served in a CS for CS for SB 745 school nutrition program as set forth in this article may come from added sugars or as provided by 2 CS for SB 745 the United States Department of Agriculture's Child Nutrition ProgramsPrograms, whichever is less.

(e) An individual school may be granted a waiver of the requirements of subsectionssubsection (b) of this section in the event that the nutrition direction,director, or other individual responsible for purchasing food for the school, isis: unable to locate a product for sale that is free from ingredients listed in subsection (b) within the existing vendor inventory.

To(1) obtainUnable theto waiverlocate thea nutritionproduct direction,for orsale otherthat individualis responsiblefree forfrom purchasingingredients food,listed forin subsection (b) of this section within the schoolexisting shall:vendor inventory;

or (2) Unable to purchase a product for sale that is free from the ingredients listed in subsection (b) of this section at a price equal to or lower in price than the previously purchased product from the existing vendor inventory.

(f) To obtain the waiver the nutrition director, or other individual responsible for purchasing food, for the school shall:

(b)(f)(b)(g) An elementary, middle, or high school may permit the sale of food items that do not comply with this section as part of a school fundraising event if the sale of those items takes place CS for CS for SB 745 off of and away from school premises or the sale of those items takes place on the school premises at least one-half hour after the end of the school day.

(g)(h) The Department of Education shall submit an annual report to the Legislative Oversight Commission on Health and Human Resources Accountability and to the Legislative Oversight Commission on Education Accountability beginning July 1, 2028, and annually thereafter regarding the following: