S4193 1R

An Act concerning food products and supplementing Title 24 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Fortifying Corn Masa Act.”

2. The Legislature finds and declares that:

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

b. Neural tube defects include spina bifida, which is an opening along the spine, and anencephaly, which is a missing portion of the brain or skull. Individuals with spina bifida can experience symptoms ranging from mild nerve damage to severe paraplegia, often requiring costly and lengthy treatment. Anencephaly is fatal for infants.

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.

d. While the American diet often relies heavily on wheat, many Central and South American cuisines depend on corn masa flour as a staple. Corn masa flour was omitted from the 1998 mandate without justification. The higher rate of neural tube defects in Latino communities is a symptom of the broader disease of health inequity.

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.

f. The Federal “Food, Drug, and Cosmetic Act” and the regulations adopted pursuant to that act, authorizes folic acid to be used in food as a nutrient in accordance with specified prescribed conditions, including that folic acid may be added to corn masa flour at a level not to exceed 0.7 milligrams of folic acid per pound of corn masa flour. A fortification level of 0.4 milligrams of folic acid per pound in wet corn masa products has been found to be scientifically appropriate to provide a nutritional benefit comparable to fortified corn masa flour.

g. Existing federal law also requires any state requirement for nutrition labeling of food to conform with federal law and requires the declaration of folic acid to be included when added as a nutrient supplement, as specified.

h. It is in the public interest of the State of New Jersey to ensure that all residents, regardless of cultural dietary staples, have access to essential nutrition by authorizing the fortification of folic acid to corn masa flour and wet corn masa products. This will address disparities in health outcomes, support the well-being of New Jersey’s families, and better secure the health of our communities for generations to come.

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. a. Except as provided in subsection d. of this section and no later than one year after the effective date of this act, corn masa flour manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product in this State shall contain folic acid at a level of 0.7 milligrams of folic acid per pound of corn masa flour within an acceptable industry standard deviation of error.

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. 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) 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. s.101.9; and

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

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. of this section if the commissioner determines that:

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

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

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

(2) The provisions of subsection a. of this section shall not apply to ¹:

(a)¹a person who holds a valid cottage food operator permit pursuant to N.J.A.C.8:24-11.1 et seq. 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

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.

6. This act shall take effect immediately.