Corn masa flour and wet corn masa products: folic acid fortification.

Existing federal law, 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. 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. Existing state law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the processing, labeling, advertising, and sale of food, drugs, and cosmetics, including enriched food, under the administration and enforcement of the State Department of Public Health. Existing law provides that all food additive and food labeling regulations and any amendments to those regulations adopted pursuant to the federal law are the regulations of this state, and authorizes the department to prescribe conditions under which a food additive may be used in this state whether or not these conditions are in accordance with the regulations adopted pursuant to the federal act and to adopt additional food labeling regulations. A violation of these provisions is a crime. This bill would, commencing January 1, 2026, require corn masa flour, as defined, that is manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product to contain folic acid at a level of 0.7 milligrams of folic acid per pound of corn masa flour, as specified, and would authorize wet corn masa product that is manufactured, sold, delivered, distributed, held, offered for sale, or used as an ingredient in the manufacture of a food product to contain folic acid at a level of 0.4 milligrams of folic acid per pound of end product, as specified. The bill would require corn masa flour or a wet corn masa product to include specified information, including a declaration of folic acid on the nutrition label in accordance with applicable federal law. The bill would exempt snack foods and corn masa flour made by, or supplied to, specified types of businesses, including cottage food operations or a grocery store that also offers conforming products. The bill would make these provisions severable. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.