DelawareHB 337153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FOLIC ACID FORTIFICATION.

Sponsored By: Josue O Ortega (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Poultry processors lose chapter licensing requirements

Beginning January 1, 2027, the law repeals Delaware's existing poultry-processing chapter and replaces it with corn masa rules. Poultry processors no longer face that chapter's licenses, fees, license terms, or license denial and revocation rules. The repeal also removes the chapter's hearings, appeals, penalties, and court orders enforcing its rules. It does not establish a household payment or benefit.

Corn masa violations bring $500 fines

Beginning January 1, 2027, Delaware health officials investigate and decide complaints about violations of the corn masa rules. An establishment found in violation faces a $500 fine for each occurrence. The Department can also issue regulations to carry out the program. These fines apply to violating establishments, not households buying the products.

New folic acid rules for corn masa

Beginning January 1, 2027, covered corn masa flour made, sold, offered for sale, or used in Delaware must contain folic acid. Flour must contain 0.7 milligrams per pound; wet corn masa products must contain 0.4 milligrams per pound of finished product. Both levels allow an accepted industry margin of error. Wet corn masa products exclude products made with corn masa flour. Labels must declare folic acid under federal rules and identify corn masa flour or the wet masa process. Home-kitchen cottage food establishments are exempt when making, selling, offering, or using corn masa in cottage food products. Grocery stores may sell nonfortified flour if they also offer compliant flour. Selling prepackaged snacks containing nonfortified corn masa flour is not a violation.

Sponsors & Cosponsors

Sponsor

Josue O Ortega
Democratic • House

Cosponsors

Alonna Berry
Democratic • House
Stephanie T. Bolden
Democratic • House
Frank Burns
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Debra Heffernan
Democratic • House
Jeff Hilovsky
Republican • House
Kendra Johnson
Democratic • House
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Marie Pinkney
Democratic • Senate
Nicole Poore
Democratic • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Claire Snyder-Hall
Democratic • House
Laura V. Sturgeon
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 58 • No: 0

Senate vote • 6/16/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 5/7/2026