Establishes "Fortifying Corn Masa Act."

A5119 1R

[First Reprint]

ASSEMBLY, No. 5119

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Assemblywoman� YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman� ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblymen Schnall and Angelozzi

SYNOPSIS

���� Establishes �Fortifying Corn Masa Act.�

CURRENT VERSION OF TEXT

���� As reported by the Assembly Agriculture and Natural
Resources Committee on June 15, 2026, with amendments.

��

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;

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

���� (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)
1
a
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

����
(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.

���� 6.��� This act shall take
effect immediately.