[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2934 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2934

To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety 
                          of imported seafood.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 2010

  Mr. Vitter introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety 
                          of imported seafood.

    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 ``Imported Seafood Safety Standards 
Act''.

SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD.

    (a) In General.--Chapter VIII of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end 
the following:

``SEC. 805. SAFETY OF IMPORTED SEAFOOD.

    ``(a) Requirement of Equivalence.--
            ``(1) Standards for exporting country.--No seafood may be 
        imported into the United States from a foreign country unless 
        the Secretary certifies that the seafood imported from such 
        country is maintained through a program using reliable 
        analytical methods to ensure compliance with the United States 
        standards for seafood manufacturing, processing, and holding.
            ``(2) Inspection of exporting facilities.--In accordance 
        with the procedures described under section 704, officers and 
        employees duly designated by the Secretary shall conduct not 
        less than 1 inspection on an annual basis of each foreign 
        facility that exports seafood to the United States to ensure 
        that each such foreign facility maintains a program using 
        reliable analytical methods to ensure compliance with the 
        United States standards for seafood manufacturing, processing, 
        and holding. In addition to such annual inspection, such 
        officers and employees shall conduct periodic follow-up 
        inspections of such foreign facilities as determined necessary 
        by the Secretary.
    ``(b) Mandatory Testing.--
            ``(1) Minimum testing.--The Secretary shall inspect and 
        test not less than 20 percent of all seafood imported or 
        offered for import into the United States each year.
            ``(2) New exporters.--Notwithstanding any other provision 
        of this Act, the first 15 shipments of seafood imported or 
        offered for import into the United States from an exporter 
        shall be inspected and tested by the Secretary.
            ``(3) Failure to pass inspection.--
                    ``(A) One failure.--If a shipment of seafood 
                imported or offered for import into the United States 
                by an exporter fails to meet an inspection or test 
                requirements, each subsequent shipment of seafood from 
                such exporter shall be inspected and tested by the 
                Secretary, until 15 consecutive shipments pass 
                inspection and testing.
                    ``(B) Multiple failures.--
                            ``(i) In general.--If more than 3 shipments 
                        of seafood imported or offered for import into 
                        the United States by an exporter fail to meet 
                        inspection or tests requirements during any 1-
                        year period, no shipments from such exporter 
                        may be imported or offered for import into the 
                        United States for the following 1-year period. 
                        Following such 1-year period when no shipments 
                        may be so imported or offered, such exporter 
                        shall not be permitted to offer imports to the 
                        United States unless the Secretary certifies 
                        that such exporter is maintaining a program 
                        using reliable analytical methods to ensure 
                        compliance with the United States standards for 
                        seafood manufacturing, processing, and holding.
                            ``(ii) Determination by secretary.--
                        Shipments of seafood imported or offered for 
                        import into the United States by an exporter 
                        that has been subject to a 1-year suspension 
                        period and a certification under clause (i) 
                        shall be inspected at a rate determined 
                        appropriate by the Secretary for a period of 
                        time as determined appropriate by the 
                        Secretary.
                    ``(C) Pattern of failures.--If the Secretary 
                determines that shipments of seafood imported or 
                offered for import into the United States from a 
                particular country repeatedly fail to meet inspection 
                or testing requirements, all shipments of seafood from 
                such country shall be refused entry into the United 
                States until the Secretary makes a certification 
                described under subsection (a).
                    ``(D) Procedures.--The testing and inspections 
                procedures used under this paragraph shall be carried 
                out in accordance with section 801.
            ``(4) Fees.--The Secretary shall by regulation impose such 
        fees on exporters in such amounts as may be necessary to 
        provide, equip, and maintain an adequate and efficient 
        inspection service to carry out this subsection. Receipts from 
        such fees shall be covered into the Treasury and shall be 
        available to the Secretary for expenditures incurred in 
        carrying out the purposes of this subsection, including 
        expenditures for salaries of additional inspectors when 
        necessary to supplement the number of inspectors for whose 
        salaries Congress has appropriated.
    ``(c) Effect of Shipments That Fail To Meet Requirements.--
            ``(1) In general.--Notwithstanding section 801, if a 
        shipment of seafood imported or offered for import into the 
        United States fails to meet safety standards established by the 
        Secretary, such shipment shall be detained or destroyed unless 
        the imported shipment meets criteria for re-export, as 
        determined by the Secretary.
            ``(2) Labeling.--If a shipment of seafood has been refused 
        admission under paragraph (1), other than such a shipment that 
        is required to be destroyed, the Secretary shall require the 
        owner or consignee of the shipment to affix to the container of 
        the seafood a label that clearly and conspicuously bears the 
        statement: `UNITED STATES: REFUSED ENTRY'.
            ``(3) Exporting to foreign country.--If the appropriate 
        authority of a foreign country notifies the Secretary, not 
        later than 45 days after the shipment is rejected under 
        paragraph (1), that the shipment will be accepted in that 
        country, such shipment may be released to the importer for 
        exportation to such foreign country.
            ``(4) Destruction of shipment.--If the Secretary deems that 
        a shipment rejected under paragraph (1), if it were to have 
        been allowed entry, could have caused significant health risks 
        if consumed by humans, the shipment shall be destroyed 
        notwithstanding the receipt of a notification under paragraph 
        (3).
            ``(5) Notification to ports of entry.--The Secretary shall 
        notify ports of entry not later than 5 days after a shipment 
        described in paragraph (1)--
                    ``(A) was determined to fail to meet safety 
                standards established by the Secretary under such 
                paragraph; or
                    ``(B) was detained or destroyed.
    ``(d) Ports of Entry.--
            ``(1) In general.--Notwithstanding any other provision of 
        this chapter, seafood may be imported or offered for import at 
        only those ports of entry into the United States that have the 
        personnel trained to conduct the applicable testing and 
        inspection of seafood, as certified by the Secretary under 
        paragraph (2).
            ``(2) Certification.--The Secretary shall certify which 
        ports of entry into the United States have the personnel 
        trained to conduct the applicable testing and inspection of 
        seafood.
            ``(3) Effect of certification requirement.--If a port of 
        entry--
                    ``(A) was, on the day before the date of enactment 
                of this section, a port of entry that accepted seafood 
                imported or offered for import into the United States; 
                and
                    ``(B) does not meet the requirements for 
                certification under paragraph (2),
        the Secretary shall, as soon as practicable after the date of 
        enactment of this section, provide proper personnel levels and 
        training to enable such port to be certified under paragraph 
        (2).
    ``(e) Annual Report.--On an annual basis, the Secretary shall 
submit to Congress a report that describes the implementation of this 
section, including--
            ``(1) summary data relating to inspections and testing 
        under this section, and any noncompliance with the applicable 
        provisions of this Act; and
            ``(2) recommendations of any improvements or other 
        modifications to this section determined necessary by the 
        Secretary.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
    (b) Prohibited Act; Penalties.--Chapter III of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended--
            (1) in section 301, by adding at the end the following:
    ``(uu) The making of a knowingly false statement with respect to a 
test or inspection carried out under section 805, or knowingly 
misbranding any seafood imported under such section.''; and
            (2) in section 303, by adding at the end the following:
    ``(h)(1) Any person who violates section 301(uu) shall be subject 
to a civil penalty in an amount not to exceed $250,000 for each such 
violation, and not to exceed $1,100,000 for all such violations after 
the second conviction in any 3-year period.
    ``(2) Paragraphs (5), (6), and (7) of subsection (f) shall apply to 
a civil penalty assessment under this subsection in the same manner as 
such paragraphs apply to a civil penalty assessment under subsection 
(f)(1).''.

SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPECTIONS.

    Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381 et seq.), as amended by section 2, is further amended by adding at 
the end the following:

``SEC. 805A. COOPERATION WITH STATES TO CONDUCT SEAFOOD INSPECTIONS.

    ``(a) Establishment of Cooperative Inspection Program.--The 
Secretary may establish a program under which a State may conduct 
inspection, testing, and certification of seafood imported or offered 
for import into the United States.
    ``(b) Components of Program.--Under the program established under 
subsection (a)--
            ``(1) the Secretary shall--
                    ``(A) provide training to State officials to enable 
                such officials to carry out inspection, testing, and 
                certification, in accordance with Federal requirements 
                and safety standards, of seafood imported or offered 
                for import into the United States; and
                    ``(B) certify such State officials as authorized 
                agents of the Federal Government to carry out such 
                inspections, testing, and certification; and
            ``(2) a State that receives a grant under subsection (c) 
        shall--
                    ``(A) comply with all requirements of the Secretary 
                with respect to the training and certification of State 
                officials described under paragraph (1);
                    ``(B) inspect, test, and certify, in accordance 
                with Federal requirements and safety standards, seafood 
                imported or offered for import into the United States; 
                and
                    ``(C) carry out any other activities as determined 
                necessary by the Secretary to ensure the safety of 
                seafood imported or offered for import into the United 
                States.
    ``(c) Grants.--
            ``(1) In general.--The Secretary shall award grants to 
        States to carry out the cooperative seafood inspection program 
        established under subsection (a).
            ``(2) Application.--To be eligible to receive a grant under 
        paragraph (1), a State shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
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