Establishes "Fortifying Corn Masa Act."

S4193 1R

[First Reprint]

SENATE, No. 4193

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� M. TERESA RUIZ

District 29 (Essex and Hudson)

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 amended by the Senate on June 18, 2026.

��

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.
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����� �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.