Bhojani Masa Bill Promises A Criminal Offense, Delivers Fines

The text as introduced · 640 words

By: Bhojani
H.B. No. 290

A BILL TO BE ENTITLED

AN ACT

relating to folic acid fortification of corn masa flour and wet corn

masa products manufactured, sold, delivered, distributed, held,

offered for sale, or used as an ingredient in the manufacture of a

food product in this state and the labeling of corn masa flour and

wet corn masa products manufactured or sold in this state; creating

a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Health and Safety Code, is

amended by adding Chapter 437C to read as follows:

CHAPTER 437C. CORN MASA FLOUR AND WET CORN MASA PRODUCTS

Sec. 437C.001. DEFINITIONS. In this chapter:

(1) "Corn masa" means a dough-like food product made

from corn that has been soaked in water and lime or otherwise

undergoes a nixtamalization process.

(2) "Corn masa flour" means a dry flour-like food

product made from corn masa.

(3) "Cottage food production operation" has the

meaning assigned by Section 437.001.

(4) "Food" and "food service establishment" have the

meanings assigned by rules adopted under Chapter 437.

(5) "Wet corn masa product" means a food product made

from corn masa manufactured through a vertically integrated or wet

masa manufacturing process. The term does not include a product

made with corn masa flour.

Sec. 437C.002. APPLICATION OF CHAPTER. This chapter does

not apply to:

(1) a cottage food production operation or a supplier

to a cottage food production operation that manufactures, sells,

delivers, distributes, holds, offers for sale, or uses corn masa as

an ingredient in the manufacture of a cottage food product; or

(2) a food service establishment that uses corn masa

as an ingredient in the manufacture of a food product.

Sec. 437C.003. REQUIRED FOLIC ACID CONTENT OF CORN MASA

FLOUR AND WET CORN MASA PRODUCTS. (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

in this state must 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.

(b) 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 in this state must

contain folic acid at a level of 0.4 milligrams of folic acid per

pound of end product within an acceptable industry standard

deviation of error.

Sec. 437C.004. LABEL REQUIREMENTS FOR CORN MASA FLOUR AND

WET CORN MASA PRODUCTS. A person may not distribute, sell, or offer

for sale in this state corn masa flour or a wet corn masa product

unless the flour or product includes a notice stating:

(1) the flour or product's folic acid content on the

nutrition label as required by applicable federal law, including 21

C.F.R. Section 101.9; and

(2) that the flour or product contains corn masa.

Sec. 437C.005. RULES. The executive commissioner may adopt

rules necessary to implement this chapter.

Sec. 437C.006. PENALTY. (a) the department shall assess an

administrative penalty against a person who violates this chapter.

(b) a violation under this section is punishable by a fine

of not lesss than $1,000 or more than $25,000 for each violation.

(c) each day a violation continuesmay be considered a

separate violation

(d) in determining the amount of the penalty, the department

shall consider:

(1) the person's previous violations;

(2) the seriousness of the violation;

(3) the person's demonstrated good faith; and

(4) such other matters as justice may require.

SECTION 2. Notwithstanding Chapter 437C, Health and Safety

Code, as added by this Act, a person is not required to comply with

that chapter or a rule adopted under that chapter until January 1,

2028.

SECTION 3. This Act takes effect September 1, 2027.