Establishes "Fortifying Corn Masa Act."

2026-2027 Regular Session Introduced by Yvonne Lopez and 3 co-sponsors

Fortify corn masa flour and wet products with folic acid to reduce neural tube defects, with labeling and exemptions for certain cases.

Passed Assembly (Passed Both Houses) (75-2-0)

Summary of Bill S.4193 (NJ 222nd Legislature)

Purpose and intent

Establishes the “Fortifying Corn Masa Act” to fortify corn masa flour and certain corn masa products with folic acid.

Aims to reduce neural tube defects (NTDs) in populations that rely on corn masa in their diet, addressing health disparities affecting Latino communities.

Key provisions and changes

Fortification requirements (effective within one year after the act’s effective date):

Corn masa flour (also known as masa harina) sold or used in New Jersey foods must contain folic acid at 0.7 milligrams per pound, with an industry-standard allowable deviation.
Wet corn masa products may contain folic acid at 0.4 milligrams per pound, within the same allowable deviation.

Labeling requirements (effective within one year):

Nutrition labels on corn masa flour and wet corn masa products must declare the presence of folic acid in line with applicable federal regulations (e.g., 21 C.F.R. Part 101).
Labels must clearly indicate whether the product contains corn masa flour or was produced via a wet corn masa process.

Definitions:

Corn masa flour: dry flour made from nixtamalized corn.
Wet corn masa product: product made from nixtamalized corn using an alkali process.
Nixtamal: treated corn kernels processed with an alkaline solution.
Folric acid: vitamin B9; used as a nutrient fortificant.
“Person” and related terms cover manufacturers, sellers, and distributors of corn masa products.

Administrative provisions:

The Commissioner of Health may grant exemptions from fortification or labeling requirements if:
Fortification is not technically feasible for a product/process,
The requirement would cause undue financial hardship,
The product is for a specialized use where fortification isn’t necessary, or
There is another good cause.
Cottage food operators holding valid permits are exempt from these requirements.

Implementation:

The Department of Health is to adopt rules and regulations as needed under the Administrative Procedure Act.

Effective date:

The act takes effect immediately upon enactment.

Who and what is affected

Affects manufacturers, distributors, retailers, and food preparers within New Jersey that deal with corn masa flour or wet corn masa products.

Consumers in New Jersey who purchase or consume corn masa-based foods will be subject to folic acid fortification on the products they buy.

Cottage food operators are exempt.

Procedural and timeline aspects

Effective date: immediately upon enactment; however, most requirements (fortification and labeling) become mandatory no later than one year after the act’s effective date.

Enabling authority: Commissioner of Health to issue exemptions and adopt implementing rules under the Administrative Procedure Act.

Summary of impact

Public health: Potential reduction in neural tube defects by increasing folic acid intake for populations traditionally consuming corn masa-based foods.

Industry: Requires changes to fortification processes and labeling, with a possible cost impact offset by exemptions where applicable.

Consumers: Improved labeling transparency about folic acid content and processing method.