S 4193 — Establishes "Fortifying Corn Masa Act."

S4193 1R [First Reprint] SENATE, No.

TERESA RUIZ District 29 (Essex and Hudson)  Assemblywoman   YVONNE  LOPEZ  District SYNOPSIS19     (Middlesex) EstablishesAssemblywoman  “FortifyingELIANA CornPINTOR MasaMARIN Act.”District  29 CURRENT(Essex VERSIONand OFHudson) TEXT      Co-Sponsored Asby: introduced.

Assemblymen Schnall and Angelozzi         SYNOPSIS      Establishes “Fortifying Corn Masa Act.”   CURRENT VERSION OF TEXT      As amended by the Senate on June 18, 2026.

     a.    a.    Latino communities face a disproportionately higher risk of neural tube defects, which are severe birth defects that occur in early pregnancy.

     c.    c.    Daily consumption of folic acid has been shown to decrease the risk of neural tube defects by more than half.  In 1998, the United States Food and Drug Administration mandated folic acid fortification of all enriched cereal grain products to provide a baseline level of folic acid to the public, which resulted in a 35 percent decrease in the occurrence of neural tube defects.

     e.    e.    In 2016, the United States Food and Drug Administration approved voluntary folic acid fortification of corn masa flour.  Since this policy is reliant on the industry’s initiative, only 10 percent of corn masa flour products are fortified with folic acid in the United States.

            3.   3.   As used in this act:

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

          “Folic acid” means a form of folate or vitamin B9.

          1“Grocery store” means a store primarily engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, including any area within the store in which food is prepared or 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.

          “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any group of persons, whether incorporated or not, engaged in the commercial manufacture, sale, delivery, or distribution of corn masa flour or wet corn masa product.

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

            4.   4.   a.  Except as provided in subsection d.

          b.   b.   No later than one year after the effective date of this act, wet corn masa product manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product may contain folic acid at a level of 0.4 milligrams of folic acid per pound of end product within an acceptable industry standard of deviation of error.

          c.    c.   No later than one year after the effective date of this act, corn masa flour or a wet corn masa product shall include the following:

          (1)  (1) A declaration of folic acid on the nutrition label in accordance with applicable federal law or regulation including, but not limited to, the requirements of 21 C.F.R.

and           (2)  (2) A declaration that the product contains corn masa flour or was manufactured through a wet corn masa manufacturing process.

          d.   d.   (1) Pursuant to section 5 of this act, the Commissioner of Health may exempt specific products or a person from the requirements of subsection a.

          (a)  (a) enrichment with folic acid is not technically feasible for a specific product or manufacturing process;

          (b)  (b) the requirement would impose a financial hardship, as defined by the commissioner;

          (c)  (c) the product is intended for a specialized use where folic acid fortification is unnecessary;

or           (d)  (d) there exists any other good cause or reasonable basis, as determined by the commissioner, to grant an exemption.

          (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.

           (a)1 5.   a Theperson Commissionerwho ofholds Healtha shall,valid incottage accordancefood withoperator thepermit "Administrativepursuant Procedureto Act,"N.J.A.C.8:24-11.1 P.L.1968, c.410 (C.52:14B-1 et seq.),seq. adopt rules and regulations as necessary to implement this act.

1;

      (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.