A 5119 — Establishes "Fortifying Corn Masa Act."

A5119 1R [First Reprint] ASSEMBLY, No.

Assemblymen Schnall and Angelozzi         SYNOPSIS      Establishes “Fortifying Corn Masa Act.”   CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Agriculture and Natural Resources Committee on June 15, 2026, with amendments.

     “Nixtamal”1“Grocery store” means drieda cornstore kernelsprimarily thatengaged havein beenthe soakedretail sale of canned foods, dry goods, fresh fruits and cookedvegetables, inand anfresh alkalinemeats, solutionfish, toand facilitatepoultry, theincluding removalany ofarea within the cornstore kernel’sin outerwhich skinfood andis enhanceprepared nutritionalor properties.served that is not separately owned.

 The term shall include a convenience store.1      “Nixtamal” means dried corn kernels that have been soaked and cooked in an alkaline solution to facilitate the removal of the corn kernel’s outer skin and enhance nutritional properties.

     1“Snack foods” means trail mix or similar snack products, popcorn, chips, crackers, hard pretzels, pork rinds, corn nuts, nuts excluding pine nuts and candy-coated nuts, and packaged carbonated and noncarbonated soft drinks containing natural or artificial sweeteners.1      “Wet corn masa product” means food manufactured by using an alkali solution with corn kernels to transform the product into nixtamal.nixtamal.  The term shall not include products made with corn masa flour.

 The term shall not include products made with corn masa flour.

     (2)  (2) The provisions of subsection a.

of this section shall not apply to a1: person who holds a valid cottage food operator permit pursuant to N.J.A.C.8:24-11.1 et seq.

       5.   (a)1 Thea Commissionerperson ofwho Healthholds shall,a invalid accordancecottage withfood theoperator "Administrativepermit Procedurepursuant Act,"to P.L.1968,N.J.A.C.8:24-11.1 c.410 (C.52:14B-1 et seq.),seq.1; adopt rules and regulations as necessary to implement this act.

     (b)   a grocery store, as defined in section 3 of this act, that offers for retail sale corn masa flour that does not contain folic acid, provided that the grocery store also offers for retail sale corn masa flour that complies with the folic acid requirements established pursuant to subsection a.

of this section;

or      (c)   snack foods.1        5.    The Commissioner of Health shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

    STATEMENT        This bill establishes the “Fortifying Corn Masa Act,” which requires the fortification of corn masa flour, allows the fortification of wet corn masa products, and establishes certain labeling requirements.

     No later than one year after the effective date of this bill, all corn masa flour that is manufactured, sold, distributed, or used in food products in the State is required to be fortified with folic acid at a level of 0.7 milligrams per pound, within an acceptable industry standard deviation of error.

 Under the bill, “corn masa flour,” also commonly known as masa harina, is defined as a dry flour-type product made from corn that has been treated with slaked lime or otherwise undergoes nixtamalization.

     The bill further provides that its provisions allow wet corn masa products to contain folic acid at a level of 0.4 milligrams per pound of the final product, within an acceptable industry standard deviation of error.   Under the bill, “wet corn masa product” is defined as food manufactured by using an alkali solution with corn kernels to transform the product into nixtamal.

 The bill defines “nixtamal” as dried corn kernels that have been soaked and cooked in an alkaline solution to facilitate the removal of the corn kernel’s outer skin and enhance nutritional properties.

     No later than one year after the effective date of the bill, corn masa flour and wet corn masa products are required to meet certain labeling requirements.

 Specifically, the nutrition label is required to include a declaration of folic acid in accordance with applicable federal law or regulation, including federal nutrition labeling standards, and is also required to clearly indicate whether the product contains corn masa flour or was manufactured through a wet corn masa process.

     The bill authorizes the Commissioner of Health to grant exemptions to a person or a specific product from the bill’s requirements if fortification:

is not technically feasible;

would impose a financial hardship;

is intended for a specialized use where folic acid fortification is unnecessary;

or should be exempted for good cause as determined by the commissioner.

 Additionally, the provisions of this bill do not apply to a person who holds a valid cottage food operator permit.