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HB139 ENROLLED
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HB139
JPXS4NF-3
By Representative Crawford
RFD: Health
First Read: 13-Jan-26
PFD: 09-Jan-26
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HB139 Enrolled
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PFD: 09-Jan-26
Enrolled, An Act,
Relating to food enrichment; to amend Section 20-1-71,
as amended by Act 2025-387, 2025 Regular Session, and Section
20-1-79, as added by Act 2025-387, 2025 Regular Session, Code
of Alabama 1975, to add corn masa flour to the corn masa
products that must be enriched with folic acid; to further
provide for the corn masa products exempt from this
requirement; and to make nonsubstantive, technical revisions
to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 20-1-71, as amended by Act 2025-387,
2025 Regular Session, and Section 20-1-79, as added by Act
2025-387, 2025 Regular Session, Code of Alabama 1975, are
amended to read as follows:
"§20-1-71
When used in this article, the following terms have the
following meanings, unless the context clearly indicates
otherwise:
(1) APPROPRIATE FEDERAL AGENCY. The federal agency or
department or administrative federal officer charged with the
enforcement and administration of the federal Food, Drug and
Cosmetic Act.
(2) BOARD. The Alabama State Board of Agriculture and
Industries.
(3) BREAD. Bread, rolls, or buns of every kind and
description made wholly or partly from wheat flour which
conforms to the definition and standard of identity of bread
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conforms to the definition and standard of identity of bread
set out in 21 C.F.R. Part 136. The term does not include bread
containing no wheat flour or breads made from 100 percent
whole wheat flour. The term includes breads made from mixtures
of white flour and whole wheat flour, known as brown breads.
(4) CORN MASA. A dry flour-type product made from corn
that has been treated with slaked lime or otherwise undergoes
a process known as nixtamalization.
(5) CORN MASA FLOUR. A dry flour-type product made from
drying corn masa.
(5)(6) CORN MASA PRODUCT. Any food product containing
made primarily from corn masa or corn masa flour .
(6)(7) CORNMEAL. All meal for human consumption made
from corn, either white or yellow, whole cornmeal, bolted
cornmeal, and degerminated cornmeal as defined in definitions
and standards of identity set out in 21 C.F.R. Part 137.
(7)(8) ENRICHMENT. As applied to bread, flour, meal, or
grits, the addition thereto of vitamins and other ingredients
of the nature required by this article . and The terms
"enriched bread," "enriched flour," "enriched whole cornmeal,"
"enriched bolted meal," "enriched degerminated meal," or and
"enriched grits" means mean the appropriate food product,
according to the federal standards of identity, which has been
enriched to conform to the requirements of this article.
(8)(9) FLOUR.
a. Flour, white White flour, wheat flour, and plain
flour.
b. Bromated flour.
c. Self-rising flour, self-rising white flour, and
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c. Self-rising flour, self-rising white flour, and
self-rising wheat flour.
d. Phosphated flour, phosphated white flour, and
phosphated wheat flour in the definitions and standards of
identity set out in 21 C.F.R. Part 137. The term includes all
mixtures of flours with whole wheat or high-extraction flours.
The term does not include 100 percent whole wheat flour and
specially packaged cake and pancake flour.
(9)(10) GRITS. Grits, pearl grits, and degerminated
grits made from corn by grinding or cracking as defined in the
standards of identity set out in 21 C.F.R. Part 137.
(10)(11) PERSON. An individual, corporation,
partnership, association, joint stock company, trust, or any
unincorporated organization."
"§20-1-79
(a) No person shall manufacture, mix, compound, sell,
trade, or offer for sale or trade for human consumption any
corn masa flour or corn masa product in this state unless the
following ingredients are contained in each pound thereof
except in accordance with the following :
(1) For corn Corn masa flour , not less than shall
contain 0.7 milligrams of folic acid per pound of flour,
within an acceptable industry standard deviation of error .
(2) For corn Corn masa products , not less than shall
contain 0.4 milligrams of folic acid per pound of end product,
within an acceptable industry standard deviation of error .
(b) This section shall not apply to either any of the
following:
(1) Corn masa flour or corn masa products made by or
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(1) Corn masa flour or corn masa products made by or
supplied to a cottage food production operation.
(2) Corn masa flour or corn masa products offered for
sale by a grocery store offering conforming products.
(3) Snack foods. For the purposes of this subdivision,
the term "snack food" means a food product that is intended
for immediate consumption and is primarily consumed between
meals, regardless of packaging size, including, but not
limited to, chips, crisps, or extruded food products. The term
does not include a food product primarily made from corn masa
flour or wet corn masa products that is bulk packaged or is
commonly used as a primary ingredient in meal preparation,
including, but not limited to, tortillas.
Section 2. This act shall become effective on October
1, 2027.
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1, 2027.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 05-Feb-26, as amended.
John Treadwell
Clerk
Senate 08-Apr-26 Amended and Passed
House 09-Apr-26 Concurred in Senate
Amendment
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