For the purposes of this section:

(1) “Corn masa” means a dough-like food product made from corn that has been soaked in water and lime or otherwise undergoes a process known as nixtamalization.

(2) “Corn masa flour” also commonly known as masa harina, means a dry flour-type product made from corn that has been treated with slaked lime or otherwise undergoes a process known as nixtamalization.

(3) “Cottage food establishment” or “CFE” refers to facilities or locations where food items are made in a home-style kitchen for sale to and consumption by consumers.

(4) “Department” means the Department of Health and Human Services.

(5) “Folic acid” means a B complex vitamin.

(6) “Wet corn masa product” means a food product made primarily from corn masa manufactured through a vertically integrated or wet masa manufacturing process, excluding products made with corn masa flour.

85 Del. Laws, c. 547, § 1; 

(a) Beginning January 1, 2027, corn masa flour manufactured, sold, offered for sale, or used as an ingredient in the manufacture of a food product 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) Beginning January 1, 2027, wet corn masa product manufactured, sold, offered for sale, or used as an ingredient in the manufacture of a food product may contain folic acid at a level of 0.4 milligrams of folic acid per pound of end product within an acceptable industry standard of deviation of error.

(c) Beginning January 1, 2027, corn masa flour or a wet corn masa product must include all of the following:

(1) A declaration of folic acid on the nutrition label in accordance with applicable federal law, including 21 C.F.R. § 101.9.

(2) A declaration that the product contains corn masa flour or was manufactured through a wet corn masa manufacturing process.

(d) The provisions of subsections (a), (b), and (c) of this section do not apply to a cottage food establishment that manufactures, sells, offers for sale, or uses corn masa as an ingredient in the manufacture of cottage food products.

85 Del. Laws, c. 547, § 1; 

(a) The Department must investigate and adjudicate violations of this chapter upon the filing of a complaint. An establishment subject to reinspection due to violations of this chapter is subject to fees under § 134(c) of this title.

(b) The Department may promulgate rules and regulations to carry out the provisions of this chapter.

85 Del. Laws, c. 547, § 1; 

(a) A grocery store, as defined in § 2908 of Title 30, that offers for retail sale corn masa flour that does not contain folic acid is not in violation of this chapter so long as the grocery store also offers for retail sale corn masa flour that meets the requirements of § 3702 of this title.

(b) The sale of prepackaged snack food that contains corn masa flour without folic acid is not a violation of this section.

85 Del. Laws, c. 547, § 1;