SB278: SB278 Standards, Labeling, and Adulteration of Food; corn masa flour and wet corn masa products to contain certain amounts of folic acid; require

26 LC 60 0326S The Senate Committee on Agriculture and Consumer Affairs offered the following substitute to SB 278: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to1 standards, labeling, and adulteration of food, so as to require corn masa flour and wet corn2 masa products to contain certain amounts of folic acid; to prov ide for certain labeling3 requirements; to authorize rules and regulations; to provide fo r penalties; to provide for4 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 2 of Title 26 of the Official Code of Georgia Annotated , relating to standards,8 labeling, and adulteration of food, is amended by adding a new article to read as follows:9 "ARTICLE 2010 26-2-490.11 This article shall be known and may be cited as the 'Corn Masa Nutrition Enhancement12 Act.'13 - 1 - 26 LC 60 0326S 26-2-491.14 As used in this article, the term:15 (1) 'Commissioner' means the Commissioner of Agriculture.16 (2) 'Corn masa' means a dough-like food product made from corn that has been soaked17 in water and lime or otherwise undergoes a process known as nixtamalization.18 (3) 'Corn masa flour' means a dry flour-like food product made from corn masa.19 (4) 'Cottage food operator' means a person who produces cottage food products only for20 sale directly to a consumer who does not offer such food products or components of such21 food products for resale.22 (5) 'Cottage food product' means a nonpotentially hazardous fo od product which is23 produced in an individual's primary domestic residence using noncommercial equipment,24 including, but not limited to, baked goods, jams, jellies, and preserves.25 (6) 'Food product' shall have the same meaning as 'food' as de fined in Code Section26 26-2-21.27 (7) 'Food service establishment' shall have the same meaning as set forth in Code Section28 26-2-370.29 (8) 'Manufacturer' means:30 (A) Any entity which manufactures, makes, produces, or causes t o be produced corn31 masa flour or wet corn masa product to be sold in this state or corn masa flour or wet32 corn masa product that such entity intends to be sold in this state;33 (B) The first purchaser of corn masa flour or wet corn masa pro duct manufactured34 anywhere that intends to resell such corn masa flour or wet corn masa product in this35 state regardless of whether the original manufacturer, maker, or producer intends such36 corn masa flour or wet corn masa product to be sold in this state; or37 (C) Any entity which becomes a successor of an entity described in subparagraph (A)38 or (B) of this paragraph.39 - 2 - 26 LC 60 0326S (9) 'Nonpotentially hazardous food product' means a food product that does not require40 temperature control for safety because it is not capable of supporting the rapid growth of41 pathogenic or toxigenic microorganisms or the growth and toxin production of42 Clostridium botulinum.43 (10) 'Person' means any individual, partnership, association, firm, public or private44 corporation, trust, or unincorporated organization. Such term shall include a45 manufacturer.46 (11) 'Snack food' means a food product that is intended for im mediate consumption,47 including, but not limited to, chips, crisps, or extruded food products. Such term shall not48 include a food product primarily made from corn masa flour or wet corn masa products49 that is bulk packaged or is commonly used as a primary ingredient in meal preparation,50 including, but not limited to, tortillas.51 (12) 'Wet corn masa product' means a food product made primari ly from corn masa52 manufactured through a vertically integrated or wet masa manufa cturing process, but53 excludes products made with corn masa flour.54 26-2-492.55 (a) Beginning on July 1, 2027, except as otherwise provided in subsection (b) of this Code56 section:57 (1) All corn masa flour manufactured, sold, delivered, distributed, held, offered for sale,58 or used as an ingredient in the manufacture of a food product shall contain folic acid at59 a level of 0.7 milligrams of folic acid per pound of corn masa flour within an acceptable60 industry standard deviation of error;61 (2) All wet corn masa products manufactured, sold, delivered, distributed, held, offered62 for sale, or used as an ingredient in the manufacture of a food product shall contain folic63 acid at a level of 0.4 milligrams of folic acid per pound of en d product within an64 acceptable industry standard of deviation of error; and65 - 3 - 26 LC 60 0326S (3) No person shall distribute, sell, or offer for sale in this state any newly manufactured66 corn masa flour or wet corn masa products unless such corn masa flour or wet corn masa67 products contains:68 (A) A declaration of folic acid on the nutrition label, as req uired by any applicable69 federal law, including, but not limited to, 21 C.F.R. Section 101.9; and70 (B) A declaration on the product label that such product contains corn masa.71 (b) The provisions of subsection (a) of this Code section shall not apply to:72 (1) Any person that manufactures, sells, delivers, distributes , holds, offers for sale, or73 uses corn masa flour as an ingredient in the manufacture of snack foods;74 (2) A cottage food operator, or a supplier to any such operator, that manufactures, sells,75 delivers, distributes, holds, offers for sale, or uses corn mas a as an ingredient in the76 manufacture of cottage food products; or77 (3) A food service establishment that uses corn masa as an ingredient in the manufacture78 of food products.79 (c) The Commissioner is authorized to promulgate rules and reg ulations as may be80 necessary to carry out and implement the provisions of this article.81 26-2-493.82 Any person who violates this article or any rule or regulation promulgated by the83 Commissioner pursuant to this article shall be guilty of a misd emeanor and shall be84 punished by confinement for not more than 12 months, a fine of not more than $1,000.00,85 or both."86 SECTION 2.87 All laws and parts of laws in conflict with this Act are repealed. 88 - 4 -