Florida Senate - 2026 SB 850
By Senator Arrington
25-00740A-26 2026850__
1 A bill to be entitled
2 An act relating to fortification of enriched grain
3 products with folic acid; creating s. 500.072, F.S.;
4 providing legislative findings and intent; defining
5 terms; requiring that enriched grain products offered
6 for human consumption in this state contain folic
7 acid; providing labeling requirements for such
8 products; providing applicability; providing
9 penalties; requiring the Department of Agriculture and
10 Consumer Services, in coordination with the Department
11 of Health, to enforce certain provisions; authorizing
12 the departments to adopt rules; requiring the
13 Department of Health to submit specified reports to
14 the Legislature; providing an appropriation; providing
15 effective dates.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Effective January 1, 2027, section 500.072,
20 Florida Statutes, is created to read:
21 500.072 Fortification of enriched grain products.—
22 (1)(a) The Legislature finds that:
23 1. Neural tube defects, including spina bifida and
24 anencephaly, are serious birth defects of the brain and spine
25 which occur early in pregnancy and cause lifelong disability and
26 substantial health care costs.
27 2. The United States Food and Drug Administration mandated
28 folic acid fortification of wheat flour and other grain products
29 in 1996, leading to a significant reduction in rates of neural
30 tube defects nationally.
31 3. Minority populations in this state disproportionately
32 consume corn masa and white rice, which are not consistently
33 fortified with folic acid, contributing to persistently higher
34 rates of neural tube defects among these populations.
35 4. In this state, an average of 2.5 cases of spina bifida
36 per 10,000 live births were reported from 2016 to 2021, with
37 Hernando, Escambia, and Marion Counties exceeding state averages
38 with 8.9 cases, 6.3 cases, and 5.8 cases per 10,000 live births,
39 respectively.
40 5. Each case of spina bifida carries an estimated lifetime
41 medical and social cost of $800,000 to $1.4 million, much of
42 which is borne by Florida Medicaid and other public programs.
43 6. Fortifying grain products with folic acid is a proven,
44 cost-effective preventive measure that can avert cases of neural
45 tube defects, reduce long-term public expenditures related to
46 such defects, and promote health across communities in this
47 state.
48 7. Early folic acid intake has been associated with reduced
49 risk for certain neurodevelopmental conditions, adding further
50 potential public health benefit.
51 (b) It is the intent of the Legislature to reduce the
52 incidence of neural tube defects and increase vitamin intake
53 across this state in order to decrease the public health and
54 fiscal burden associated with preventable birth defects and
55 other associated negative health outcomes.
56 (2) As used in this section, the term:
57 (a) “Corn masa” means a doughlike food product made from
58 corn that has undergone nixtamalization.
59 (b) “Corn masa product” means a food product primarily made
60 from corn masa or corn masa flour.
61 (c) “White rice product” means a white rice or white rice
62 derived food product.
63 (3)(a) All enriched grain products, including wheat flour,
64 corn flour, breads, cereals, corn masa, corn masa flour, corn
65 masa products, and white rice products, offered for human
66 consumption in this state must contain folic acid.
67 1. Corn masa flour must be enriched in an amount not less
68 than 0.7 milligrams of folic acid, within an acceptable industry
69 standard deviation of error, per pound of corn masa flour.
70 2. A corn masa product or white rice product must be
71 enriched in an amount not less than 0.4 milligrams of folic
72 acid, within an acceptable industry standard deviation of error,
73 per pound of corn masa product or white rice product.
74 (b) Products under this subsection must be clearly labeled
75 as containing folic acid in accordance with United States Food
76 and Drug Administration guidelines.
77 (4) This section does not apply to products that are:
78 (a) Produced by cottage food operations as defined in s.
79 500.03(1); or
80 (b) Certified organic.
81 (5) A violation of subsection (3) is grounds for
82 disciplinary action under s. 500.121.
83 (6) The department, in coordination with the Department of
84 Health, shall enforce this section. The departments may adopt
85 rules necessary to implement this section, including rules on
86 protocols for enriched grain products inspections and on grain
87 products enrichment compliance reporting.
88 Section 2. The Department of Health shall submit a report
89 to the President of the Senate and the Speaker of the House of
90 Representatives by January 1, 2028, and annually thereafter,
91 detailing the implementation of s. 500.072, Florida Statutes,
92 and any observed reduction in the incidence of neural tube
93 defects related to such implementation.
94 Section 3. For the 2026–2027 fiscal year, the sum of
95 $250,000 in nonrecurring funds is appropriated from the General
96 Revenue Fund to the Department of Agriculture and Consumer
97 Services for the purpose of implementing s. 500.072, Florida
98 Statutes, including enriched grain products inspections and
99 public education efforts on public health benefits of the intake
100 of folic acid.
101 Section 4. Except as otherwise expressly provided in this
102 act, this act shall take effect upon becoming a law.