Senate Bill S10120

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10120
 
                             I N  S E N A T E
 
                              April 30, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN  ACT  to  amend  the agriculture and markets law, in relation to corn
   masa flour and wet corn masa product
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The agriculture and markets law is amended by adding a new
 section 215-d to read as follows:
   § 215-D. CORN MASA FLOUR. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CORN MASA FLOUR" SHALL MEAN A DRY FLOUR-TYPE  PRODUCT  MADE  FROM
 CORN  THAT  HAS  BEEN  TREATED WITH SLAKED LIME OR OTHERWISE UNDERGOES A
 PROCESS KNOWN AS NIXTAMALIZATION, WHICH SHALL ALSO INCLUDE, BUT  NOT  BE
 LIMITED TO, MASA HARINA.
   (B)  "WET  CORN MASA PRODUCT" SHALL MEAN FOOD MANUFACTURED BY USING AN
 ALKALI SOLUTION WITH CORN KERNELS TO TRANSFORM THEM INTO  NIXTAMAL.  WET
 CORN MASA PRODUCT SHALL NOT INCLUDE PRODUCTS MADE WITH CORN MASA FLOUR.
   2. (A) 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  0.7 MILLIGRAMS OF FOLIC ACID PER POUND OF
 CORN MASA FLOUR WITHIN AN  ACCEPTABLE  INDUSTRY  STANDARD  DEVIATION  OF
 ERROR.
   (B)  ALL WET CORN MASA PRODUCT MANUFACTURED, SOLD, DELIVERED, DISTRIB-
 UTED, HELD, OFFERED FOR SALE, OR USED AS AN INGREDIENT IN  THE  MANUFAC-
 TURE OF A FOOD PRODUCT SHALL CONTAIN FOLIC ACID AT A LEVEL OF 0.4 MILLI-
 GRAMS  OF  FOLIC  ACID  PER  POUND  OF  END PRODUCT WITHIN AN ACCEPTABLE
 INDUSTRY STANDARD OF DEVIATION OF ERROR.
   3. ALL CORN MASA FLOUR AND  WET  CORN  MASA  PRODUCT  PACKAGING  SHALL
 INCLUDE:
   (A)  A  DECLARATION OF FOLIC ACID ON THE NUTRITION LABEL IN ACCORDANCE
 WITH APPLICABLE FEDERAL LAW, INCLUDING,  BUT  NOT  LIMITED  TO,  SECTION
 101.9 OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS; AND
   (B)  A  DECLARATION  THAT  THE PRODUCT CONTAINS CORN MASA FLOUR OR WAS
 MANUFACTURED THROUGH A WET CORN MASA MANUFACTURING PROCESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15242-02-6
 S. 10120                            2
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.