Read the full stored bill text
Florida Senate
-
2026
SB 850
By
Senator Arrington
25-00740A-26 2026850__
1 A bill to be entitled
2 An act relating to fortification of enriched grain
3 products with folic acid; creating s. 500.072, F.S.;
4 providing legislative findings and intent; defining
5 terms; requiring that enriched grain products offered
6 for human consumption in this state contain folic
7 acid; providing labeling requirements for such
8 products; providing applicability; providing
9 penalties; requiring the Department of Agriculture and
10 Consumer Services, in coordination with the Department
11 of Health, to enforce certain provisions; authorizing
12 the departments to adopt rules; requiring the
13 Department of Health to submit specified reports to
14 the Legislature; providing an appropriation; providing
15 effective dates.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Effective January 1, 2027, section 500.072,
20 Florida Statutes, is created to read:
21
500.072
Fortification of enriched grain products.—
22
(1)(a)
The Legislature finds that:
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1.
Neural tube defects, including spina bifida and
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anencephaly, are serious birth defects of the brain and spine
25
which occur early in pregnancy and cause lifelong disability and
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substantial health care costs.
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2.
The United States Food and Drug Administration mandated
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folic acid fortification of wheat flour and other grain products
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in 1996, leading to a significant reduction in rates of neural
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tube defects nationally.
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3.
Minority populations in this state disproportionately
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consume corn masa and white rice, which are not consistently
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fortified with folic acid, contributing to persistently higher
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rates of neural tube defects among these populations.
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4.
In this state, an average of 2.5 cases of spina bifida
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per 10,000 live births were reported from 2016 to 2021, with
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Hernando, Escambia, and Marion Counties exceeding state averages
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with 8.9 cases, 6.3 cases, and 5.8 cases per 10,000 live births,
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respectively.
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5.
Each case of spina bifida carries an estimated lifetime
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medical and social cost of $800,000 to $1.4 million, much of
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which is borne by Florida Medicaid and other public programs.
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6.
Fortifying grain products with folic acid is a proven,
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cost-effective preventive measure that can avert cases of neural
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tube defects, reduce long-term public expenditures related to
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such defects, and promote health across communities in this
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state.
48
7.
Early folic acid intake has been associated with reduced
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risk for certain neurodevelopmental conditions, adding further
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potential public health benefit.
51
(b)
It is the intent of the Legislature to reduce the
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incidence of neural tube defects and increase vitamin intake
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across this state in order to decrease the public health and
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fiscal burden associated with preventable birth defects and
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other associated negative health outcomes.
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(2)
As used in this section, the term:
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(a)
“Corn masa” means a doughlike food product made from
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corn that has undergone nixtamalization.
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(b)
“Corn masa product” means a food product primarily made
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from corn masa or corn masa flour.
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(c)
“White rice product” means a white rice or white rice
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derived food product.
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(3)(a)
All enriched grain products, including wheat flour,
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corn flour, breads, cereals, corn masa, corn masa flour, corn
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masa products, and white rice products, offered for human
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consumption in this state must contain folic acid.
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1.
Corn masa flour must be enriched in an amount not less
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than 0.7 milligrams of folic acid, within an acceptable industry
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standard deviation of error, per pound of corn masa flour.
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2.
A corn masa product or white rice product must be
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enriched in an amount not less than 0.4 milligrams of folic
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acid, within an acceptable industry standard deviation of error,
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per pound of corn masa product or white rice product.
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(b)
Products under this subsection must be clearly labeled
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as containing folic acid in accordance with United States Food
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and Drug Administration guidelines.
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(4)
This section does not apply to products that are:
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(a)
Produced by cottage food operations as defined in s.
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500.03(1); or
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(b)
Certified organic.
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(5)
A violation of subsection (3) is grounds for
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disciplinary action under s. 500.121.
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(6)
The department, in coordination with the Department of
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Health, shall enforce this section. The departments may adopt
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rules necessary to implement this section, including rules on
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protocols for enriched grain products inspections and on grain
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products enrichment compliance reporting.
88 Section 2.
The Department of Health shall submit a report
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to the President of the Senate and the Speaker of the House of
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Representatives by January 1, 2028, and annually thereafter,
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detailing the implementation of s. 500.072, Florida Statutes,
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and any observed reduction in the incidence of neural tube
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defects related to such implementation.
94 Section 3.
For the 2026–2027 fiscal year, the sum of
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$250,000 in nonrecurring funds is appropriated from the General
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Revenue Fund to the Department of Agriculture and Consumer
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Services for the purpose of implementing s. 500.072, Florida
98
Statutes, including enriched grain products inspections and
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public education efforts on public health benefits of the intake
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of folic acid.
101 Section 4. Except as otherwise expressly provided in this
102 act, this act shall take effect upon becoming a law.