Fortification of Enriched Grain Products with Folic Acid

HB 685 2026

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hb685-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to fortification of enriched grain 2
products with folic acid; creating s. 500.072, F.S.; 3
providing legislative findings and intent; providing 4
definitions; requiring that enriched grain products 5
offered for human consumption in this state contain 6
folic acid; providing labeling requirements for such 7
products; providing applicability; providing 8
penalties; requiring the Department of Agriculture and 9
Consumer Services, in coordination with the Department 10
of Health, to enforce certain provisions; authorizing 11
the departments to adopt rules; requiring the 12
Department of Health to submit specified reports to 13
the Legislature; providing an appropriation; providing 14
effective dates. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Effective January 1, 2027, section 500.072, 19
Florida Statutes, is created to read: 20
500.072 Fortification of enriched grain products.— 21
(1)(a) The Legislature finds that: 22
1. Neural tube defects, including spina bifida and 23
anencephaly, are serious birth defects of the brain and spine 24
that occur early in pregnancy and cause lifelong disability and 25

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substantial health care costs. 26
2. The United States Food and Drug Administration mandated 27
folic acid fortification of wheat flour and other grain products 28
in 1996, leading to a significant reduction in rates of neural 29
tube defects nationally. 30
3. Minority populations in this state disproportionately 31
consume corn masa and white rice, which are not consistently 32
fortified with folic acid, contributing to persistently higher 33
rates of neural tube defects among these populations. 34
4. In this state, an average of 2.5 cases of spina bifida 35
per 10,000 live births were reported from 2016 to 2021, with 36
Hernando, Escambia, and Marion Counties exceeding state averages 37
with 8.9 cases, 6.3 cases, and 5.8 cases per 10,000 live births, 38
respectively. 39
5. Each case of spina bifida carries an estimated lifetime 40
medical and social cost of $800,000 to $1.4 million, much of 41
which is borne by Florida Medicaid and other public programs. 42
6. Fortifying grain products with folic acid is a proven, 43
cost-effective preventive measure that can avert cases of neural 44
tube defects, reduce long-term public expenditures related to 45
such defects, and promote health across communities in this 46
state. 47
7. Early folic acid intake has been associated with 48
reduced risk for certain neurodevelopmental conditions, adding 49
further potential public health benefit. 50

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(b) It is the intent of the Legislature to reduce the 51
incidence of neural tube defects and increase vitamin intake 52
across this state in order to decrease the public health and 53
fiscal burden associated with preventable birth defects and 54
other associated negative health outcomes. 55
(2) As used in this section, the term: 56
(a) "Corn masa" means a doughlike food product made from 57
corn that has undergone nixtamalization. 58
(b) "Corn masa product" means a food product primarily 59
made from corn masa or corn masa flour. 60
(c) "White rice product" means a white rice or white rice-61
derived food product. 62
(3)(a) All enriched grain products, including wheat flour, 63
corn flour, breads, cereals, corn masa, corn masa flour, corn 64
masa products, and white rice products, offered for human 65
consumption in this state must contain folic acid. 66
1. Corn masa flour must be enriched in an amount not less 67
than 0.7 milligrams of folic acid, within an acceptable industry 68
standard deviation of error, per pound of corn masa flour. 69
2. A corn masa product or white rice product must be 70
enriched in an amount not less than 0.4 milligrams of folic 71
acid, within an acceptable industry standard deviation of error, 72
per pound of corn masa product or white rice product. 73
(b) Products under this subsection must be clearly labeled 74
as containing folic acid in accordance with United States Food 75

HB 685 2026

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and Drug Administration guidelines. 76
(4) This section does not apply to products that are: 77
(a) Produced by cottage food operations as defined in s. 78
500.03(1); or 79
(b) Certified organic. 80
(5) A violation of subsection (3) is grounds for 81
disciplinary action under s. 500.121. 82
(6) The department, in coordination with the Department of 83
Health, shall enforce this section. The departments may adopt 84
rules necessary to implement this section, including rules on 85
protocols for enriched grain products inspections and on grain 86
products enrichment compliance reporting. 87
Section 2. The Department of Health shall submit a report 88
to the President of the Senate and the Speaker of the House of 89
Representatives by January 1, 2028, and annually thereafter, 90
detailing the implementation of s. 500.072, Florida Statutes, 91
and any observed reductions in the incidence of neural tube 92
defects related to such implementation. 93
Section 3. For the 2026–2027 fiscal year, the sum of 94
$250,000 in nonrecurring funds is appropriated from the General 95
Revenue Fund to the Department of Agriculture and Consumer 96
Services for the purpose of implementing s. 500.072, Florida 97
Statutes, including enriched grain products inspections and 98
public education efforts on public health benefits of the intake 99
of folic acid. 100

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Section 4. Except as otherwise expressly provided in this 101
act, this act shall take effect upon becoming a law. 102