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 to
standards, labeling, and adulteration of food, so as to require corn masa flour and wet corn
masa products to contain certain amounts of folic acid; to provide for certain labeling
requirements; to authorize rules and regulations; to provide for penalties; to provide for
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,
labeling, and adulteration of food, is amended by adding a new article to read as follows:
<ins>"ARTICLE 20
26-2-490.
This article shall be known and may be cited as the 'Corn Masa Nutrition Enhancement
Act.'
</ins>
<ins>26-2-491.
As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture.
(2) 'Corn masa' means a dough-like food product made from corn that has been soaked
in water and lime or otherwise undergoes a process known as nixtamalization.
(3) 'Corn masa flour' means a dry flour-like food product made from corn masa.
(4) 'Cottage food operator' means a person who produces cottage food products only for
sale directly to a consumer who does not offer such food products or components of such
food products for resale.
(5) 'Cottage food product' means a nonpotentially hazardous food product which is
produced in an individual's primary domestic residence using noncommercial equipment,
including, but not limited to, baked goods, jams, jellies, and preserves.
(6) 'Food product' shall have the same meaning as 'food' as defined in Code Section
26-2-21.
(7) 'Food service establishment' shall have the same meaning as set forth in Code Section
26-2-370.
(8) 'Manufacturer' means:
(A) Any entity which manufactures, makes, produces, or causes to be produced corn
masa flour or wet corn masa product to be sold in this state or corn masa flour or wet
corn masa product that such entity intends to be sold in this state;
(B) The first purchaser of corn masa flour or wet corn masa product manufactured
anywhere that intends to resell such corn masa flour or wet corn masa product in this
state regardless of whether the original manufacturer, maker, or producer intends such
corn masa flour or wet corn masa product to be sold in this state; or
(C) Any entity which becomes a successor of an entity described in subparagraph (A)
or (B) of this paragraph.
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<ins>(9) 'Nonpotentially hazardous food product' means a food product that does not require
temperature control for safety because it is not capable of supporting the rapid growth of
pathogenic or toxigenic microorganisms or the growth and toxin production of
Clostridium botulinum.
(10) 'Person' means any individual, partnership, association, firm, public or private
corporation, trust, or unincorporated organization. Such term shall include a
manufacturer.
(11) 'Snack food' means a food product that is intended for immediate consumption,
including, but not limited to, chips, crisps, or extruded food products. Such term shall not
include a food product primarily made from corn masa flour or wet corn masa products
that is bulk packaged or is commonly used as a primary ingredient in meal preparation,
including, but not limited to, tortillas.
(12) 'Wet corn masa product' means a food product made primarily from corn masa
manufactured through a vertically integrated or wet masa manufacturing process, but
excludes products made with corn masa flour.
26-2-492.
(a) Beginning on July 1, 2027, except as otherwise provided in subsection (b) of this Code
section:
(1) All corn masa flour manufactured, sold, delivered, distributed, held, offered for sale,
or used as an ingredient in the manufacture of a food product 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;
(2) All wet corn masa products manufactured, sold, delivered, distributed, held, offered
for sale, or used as an ingredient in the manufacture of a food product shall 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; and
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<ins>(3) No person shall distribute, sell, or offer for sale in this state any newly manufactured
corn masa flour or wet corn masa products unless such corn masa flour or wet corn masa
products contains:
(A) A declaration of folic acid on the nutrition label, as required by any applicable
federal law, including, but not limited to, 21 C.F.R. Section 101.9; and
(B) A declaration on the product label that such product contains corn masa.
(b) The provisions of subsection (a) of this Code section shall not apply to:
(1) Any person that manufactures, sells, delivers, distributes, holds, offers for sale, or
uses corn masa flour as an ingredient in the manufacture of snack foods;
(2) A cottage food operator, or a supplier to any such operator, that manufactures, sells,
delivers, distributes, holds, offers for sale, or uses corn masa as an ingredient in the
manufacture of cottage food products; or
(3) A food service establishment that uses corn masa as an ingredient in the manufacture
of food products.
(c) The Commissioner is authorized to promulgate rules and regulations as may be
necessary to carry out and implement the provisions of this article.
26-2-493.
Any person who violates this article or any rule or regulation promulgated by the
Commissioner pursuant to this article shall be guilty of a misdemeanor and shall be
punished by confinement for not more than 12 months, a fine of not more than $1,000.00,
or both."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.