[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1370 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1370

To improve the protections afforded under Federal law to consumers from 
    contaminated seafood by directing the Secretary of Commerce to 
  establish a program, in coordination with other appropriate Federal 
 agencies, to strengthen activities for ensuring that seafood sold or 
 offered for sale to the public in or affecting interstate commerce is 
                       fit for human consumption.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2009

  Mr. Weiner introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve the protections afforded under Federal law to consumers from 
    contaminated seafood by directing the Secretary of Commerce to 
  establish a program, in coordination with other appropriate Federal 
 agencies, to strengthen activities for ensuring that seafood sold or 
 offered for sale to the public in or affecting interstate commerce is 
                       fit for human consumption.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Seafood Consumer 
Protection Act''.

SEC. 2. SEAFOOD SAFETY.

    (a) In General.--The Secretary of Commerce shall, in coordination 
with the Secretary of Health and Human Services and other appropriate 
Federal agencies, establish a program to strengthen Federal activities 
for ensuring that commercially distributed seafood in the United States 
meets the food quality and safety requirements of Federal law.
    (b) Memorandum of Understanding.--The Secretary of Commerce and the 
Secretary of Health and Human Services shall enter into an agreement 
within 180 days after enactment of this Act to strengthen cooperation 
on seafood safety. The agreement shall include provisions for--
            (1) cooperative arrangements for examining and testing 
        seafood imports;
            (2) coordination of inspections of foreign facilities;
            (3) technical assistance and training of foreign facilities 
        for marine aquaculture, technical assistance for foreign 
        governments concerning United States regulatory requirements, 
        and appropriate information transfer arrangements between the 
        United States and foreign governments;
            (4) developing a process for expediting imports of seafood 
        into the United States from foreign countries and exporters 
        that consistently adhere to the highest standards for ensuring 
        seafood safety;
            (5) establishing a system to track shipments of seafood in 
        the distribution chain within the United States;
            (6) labeling requirements to assure species identity and 
        prevent fraudulent practices;
            (7) a process by which officers and employees of the 
        National Oceanic and Atmospheric Administration and National 
        Marine Fisheries Service may be commissioned by the Secretary 
        of Health and Human Services for seafood examinations and 
        investigations conducted under section 801 of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 381);
            (8) the sharing of information concerning observed non-
        compliance with United States food requirements domestically 
        and in foreign countries and new regulatory decisions and 
        policies that may affect regulatory outcomes; and
            (9) conducting joint training on subjects that affect and 
        strengthen seafood inspection effectiveness by Federal 
        authorities.

SEC. 3. CERTIFIED LABORATORIES.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Commerce, in consultation with the Secretary of Health and 
Human Services, shall increase the number of laboratories certified to 
the standards of the Food and Drug Administration in the United States 
and in countries that export seafood to the United States for the 
purpose of analyzing seafood and ensuring that it complies with Federal 
law. Such laboratories may include Federal, State, and private 
facilities. The Secretary of Commerce shall publish in the Federal 
Register a list of certified laboratories, and shall update the list, 
and publish the updated list, no less frequently than annually.

SEC. 4. NOAA LABORATORIES.

    In any fiscal year beginning after the date of enactment of this 
Act, the Secretary of Commerce may increase the number and capacity of 
laboratories operated by the National Oceanic and Atmospheric 
Administration involved in carrying out testing and other activities 
under this Act to the extent the Secretary determines that increased 
laboratory capacity is necessary to carry out the provisions of this 
Act and as provided for in appropriations Acts.

SEC. 5. INSPECTION TEAMS.

    The Secretary of Commerce, in cooperation with the Secretary of 
Health and Human Services, may send 1 or more inspectors to a country 
or exporter from which seafood exported to the United States 
originates. The inspection team will assess practices and processes 
being used in connection with the farming, cultivation, harvesting, 
preparation for market, or transportation of such seafood and provide 
technical assistance related to the requirements established under the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The 
inspection team shall prepare a report for the Secretary with its 
findings. The Secretary of Commerce shall make a copy of the report 
available to the country or exporter that is the subject of the report 
and provide a 30-day period during which the country or exporter may 
provide a rebuttal or other comments on the findings of the Secretary. 
The Secretary of Commerce shall cause the report, together with any 
comments submitted to the Secretary by the country or exporter, to be 
published in the Federal Register not later than 60 days after the 
inspection team makes its final report.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $15,000,000 for each of 
fiscal years 2010 through 2014, for purposes of carrying out this Act.
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