AB 1830: Corn masa flour and 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 a manufacturer of corn masa flour to add folic acid at a level not to exceed 0.7 milligrams of folic acid per pound of corn masa flour and flour, require a manufacturer of a corn masa product to add folic acid at a level not to exceed 0.4 milligrams of folic acid per pound of end product, and require a manufacturer of corn masa flour or a corn masa product to include a declaration of folic acid on the nutrition label in accordance with applicable federal law. The bill would exempt cottage food operations, as defined, and microenterprise home kitchen operations, as defined, from those provisions. 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.