The proposed “Fortifying Corn Masa Act” targets a documented disparity in serious birth defects in Latino people by requiring folic acid in corn masa flour, a staple food in many Latino households.

TRENTON, N.J. — A New Jersey bill requiring folic acid to be added to corn masa flour is aimed at a specific public health problem: Hispanic and Latina women remain more likely to have pregnancies affected by neural tube defects, while the corn masa products widely consumed in many Latino households are not consistently fortified with folic acid.

That becomes important for pregnant women.

Senate Bill 4193, known as the “Fortifying Corn Masa Act,” would require most corn masa flour manufactured, sold, distributed or used in food products in New Jersey to contain 0.7 milligrams of folic acid per pound.

The proposal cleared the Senate State Government, Wagering, Tourism and Historic Preservation Committee in June. The bill to provide folic acid to pregnant women would also include that supplement being ingested by non-pregnant women, men, and children.

The Problem Starts With a Gap in Food Fortification

For decades, folic acid has been added to many enriched wheat-based foods including flour, bread and pasta because the vitamin can prevent serious birth defects involving the brain and spinal cord.

That national fortification effort has been highly effective.

The Centers for Disease Control and Prevention estimates that folic acid fortification now prevents about 1,300 neural tube defects in the United States every year.

But corn masa flour was not originally included in the federal mandatory fortification program.

That created a dietary gap for people whose diets rely more heavily on corn masa products than enriched wheat flour.

Why Corn Masa?

Corn masa flour, commonly known as masa harina, is produced from corn treated through a process known as nixtamalization.

It is used to make tortillas, tamales, pupusas, taco shells and other foods commonly eaten in Mexican, Central American and other Latino households.

Federal health officials have documented that Hispanic and Latina women are more likely than non-Hispanic White and Black women to have a pregnancy affected by a neural tube defect.

The CDC also says Hispanic and Latina women generally have lower folate levels and are less likely to obtain enough folic acid through fortified foods or supplements.

FDA Already Allows Folic Acid in Masa — But It Is Voluntary

The federal government recognized the issue years ago.

In 2016, the Food and Drug Administration changed its rules to allow manufacturers to voluntarily add folic acid to corn masa flour at concentrations of up to 0.7 milligrams per pound.

The FDA now actively encourages manufacturers to fortify corn masa flour, saying the practice could help address disparities in birth defects among Hispanic and Latino populations.

But the key word is voluntary.

Manufacturers are permitted to add folic acid. They are not generally required to do so.

That is the gap New Jersey lawmakers are trying to close.

Voluntary Fortification Has Not Fully Solved the Problem

Federal health data suggest the voluntary approach has not produced the same broad impact seen with mandatory fortification of enriched wheat products.

The CDC has found that voluntary folic acid fortification of corn masa flour has not yet produced a measurable improvement in folate status among Hispanic and Latina women.

That means consumers must currently check individual product labels to determine whether a corn masa flour contains added folic acid.

Under S4193, fortification would become the default for covered products sold in New Jersey rather than something dependent on individual manufacturers choosing to participate.

Why Folic Acid Matters Before Someone Knows They Are Pregnant

The timing is important.

The neural tube develops into the brain and spinal cord during the earliest weeks of pregnancy, often before someone knows they are pregnant.

Folic acid taken before conception and during early pregnancy can substantially reduce the risk of neural tube defects such as spina bifida and anencephaly.

Public health agencies recommend that women capable of becoming pregnant consume 400 micrograms of folic acid every day.

Food fortification is designed to help people reach that level even when they are not actively planning a pregnancy or taking prenatal vitamins.

It is not known at this time why the state government insisted on a blanket folic acid bill instead of targeting the problem at hand, pregnant Latina women with folic acid supplements during pregnancy.

What New Jersey’s Bill Would Do

S4193 would require covered corn masa flour to contain 0.7 milligrams of folic acid per pound within one year of the law taking effect.

Wet corn masa products would be permitted to contain folic acid at 0.4 milligrams per pound of finished product.

Labels would also have to disclose folic acid and indicate whether the product contains corn masa flour or was produced through a wet corn masa process.

The health commissioner could grant exemptions when fortification is technically impractical, would cause financial hardship, involves a specialized product or should otherwise be exempted for good cause.

Cottage food operators would also be exempt.

What Problem Is the Bill Trying to Solve?

The legislation is trying to make an established birth-defect prevention strategy reach people whose staple foods were largely left outside the original federal fortification system. Mandatory folic acid fortification of enriched wheat products dramatically expanded folic acid intake across the general population.

This Is Not About Corn Masa Being Unsafe

The proposal is not based on any finding that corn masa flour itself is dangerous.

The issue is what is missing from many products.

Lawmakers are effectively arguing that a proven preventive nutrient routinely added to one category of staple grain should also be consistently present in another staple grain heavily consumed by a population with a documented higher risk of neural tube defects.

If enacted, New Jersey would use its food regulations to turn what is currently an optional public-health measure into a statewide requirement.