Existing federal regulations authorize folic acid to be used in food as a nutrient in accordance with certain prescribed conditions. (21 C.F.R. § 172.345) Existing law authorizes the Commissioner of Food and Drugs, and such other agents as he or she may deem necessary, to enforce the Nevada Food, Drug and Cosmetic Act. (NRS 585.200) Existing law also provides that a person who violates any provision of the Act, with certain exceptions, is guilty of a gross misdemeanor. (NRS 585.990)
Section 1 of this bill prohibits a person from manufacturing, selling, delivering, distributing, holding, offering for sale or using as an ingredient in the manufacture of food in this State: (1) corn masa flour unless the corn masa flour contains 0.7 milligrams of folic acid per pound of corn masa flour within an acceptable standard of error established by the Commissioner; or (2) wet corn masa product unless the wet corn masa contains 0.4 milligrams of folic acid per pound of end product within an acceptable standard of error established by the Commissioner.
Section 1 provides that the provisions relating to folic acid in corn masa do not apply to: (1) cottage food operations; (2) craft food operations; (3) certain religious, charitable and other nonprofit organizations; (4) a person operating a grocery store under certain circumstances; (5) any other person who prepares food for ultimate human consumption that is to be sold, offered or displayed for sale or served in this State; and (6) the manufacture, sale, delivery, distribution, holding or offering for sale of snack foods in this State.