[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3928 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3928

 To strengthen Federal consumer product safety programs and activities 
    with respect to commercially marketed seafood by directing the 
 Secretary of Commerce to coordinate with the Federal Trade Commission 
  and other appropriate Federal agencies to strengthen and coordinate 
                     those programs and activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

  Mr. Inouye  introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To strengthen Federal consumer product safety programs and activities 
    with respect to commercially marketed seafood by directing the 
 Secretary of Commerce to coordinate with the Federal Trade Commission 
  and other appropriate Federal agencies to strengthen and coordinate 
                     those programs and activities.

    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. COMMERCIALLY MARKETED SEAFOOD CONSUMER PROTECTION SAFETY NET.

    (a) In General.--The Secretary of Commerce shall, in coordination 
with the Federal Trade Commission and other appropriate Federal 
agencies, and consistent with the international obligations of the 
United States, strengthen Federal consumer protection activities for 
ensuring that commercially distributed seafood in the United States 
meets the food quality and safety requirements of applicable Federal 
laws.
    (b) Interagency Agreements.--
            (1) In general.--Within 180 days after the date of 
        enactment of this Act, the Secretary and other appropriate 
        Federal agencies shall execute memoranda of understanding or 
        other agreements to strengthen interagency cooperation on 
        seafood safety, seafood labeling, and seafood fraud.
            (2) Scope of agreements.--The agreements shall include 
        provisions, as appropriate for each such agreement, for--
                    (A) cooperative arrangements for examining and 
                testing seafood imports that leverage the resources, 
                capabilities, and authorities of each party to the 
                agreement;
                    (B) coordination of inspections of foreign 
                facilities to increase the percentage of imported 
                seafood and seafood facilities inspected;
                    (C) standardizing data on seafood names, inspection 
                records, and laboratory testing to improve interagency 
                coordination;
                    (D) coordination of the collection, storage, 
                analysis, and dissemination of all applicable 
                information, intelligence, and data related to the 
                importation, exportation, transportation, sale, 
                harvest, processing, or trade of seafood in order to 
                detect and investigate violations under applicable 
                Federal laws, and to carry out the provisions of this 
                Act;
                    (E) 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;
                    (F) coordination to track shipments of seafood in 
                the distribution chain within the United States;
                    (G) enhancing labeling requirements and methods of 
                assuring compliance with such requirements to clearly 
                identity species and prevent fraudulent practices;
                    (H) a process by which officers and employees of 
                the National Oceanic and Atmospheric Administration may 
                be commissioned by the head of any other appropriate 
                Federal agency to conduct or participate in seafood 
                examinations and investigations under applicable 
                Federal laws administered by such other agency;
                    (I) the sharing of information concerning observed 
                non-compliance with United States seafood requirements 
                domestically and in foreign countries and new 
                regulatory decisions and policies that may affect 
                regulatory outcomes;
                    (J) conducting joint training on subjects that 
                affect and strengthen seafood inspection effectiveness 
                by Federal authorities;
                    (K) sharing, to the maximum extent allowable by 
                law, all applicable information, intelligence, and data 
                related to the importation, exportation, 
                transportation, sale, harvest, processing, or trade of 
                seafood in order to detect and investigate violations 
                under applicable Federal laws, or otherwise to carry 
                out the provisions of this Act; and
                    (L) outreach to private testing laboratories, 
                seafood industries, and the public on Federal efforts 
                to enhance seafood safety and compliance with labeling 
                requirements, including education on Federal 
                requirements for seafood safety and labeling and 
                information on how these entities can work with 
                appropriate Federal agencies to enhance and improve 
                seafood inspection and assist in detecting and 
                preventing seafood fraud and mislabeling.
            (3) Annual reports on implementation of agreements.--The 
        Secretary, the Chairman of the Federal Trade Commission, and 
        the heads of other appropriate Federal agencies that are 
        parties to agreements executed under paragraph (1) shall 
        submit, jointly or severally, an annual report to the Congress 
        concerning--
                    (A) specific efforts taken pursuant to the 
                agreements;
                    (B) the budget and personnel necessary to 
                strengthen seafood safety and labeling and prevent 
                seafood fraud; and
                    (C) any additional authorities necessary to improve 
                seafood safety and labeling and prevent seafood fraud.
    (c) Marketing, Labeling, and Fraud Report.--Within 1 year after the 
date of enactment of this Act, the Secretary and the Chairman of the 
Federal Trade Commission shall submit a joint report to the Congress on 
consumer protection and enforcement efforts with respect to seafood 
marketing and labeling in the United States. The report shall include--
            (1) findings with respect to the scope of seafood fraud and 
        deception in the United States market and its impact on 
        consumers;
            (2) information on how the National Oceanic and Atmospheric 
        Administration and the Federal Trade Commission can work 
        together more effectively to address fraud and unfair or 
        deceptive acts or practices with respect to seafood;
            (3) detailed information on the enforcement and consumer 
        outreach activities undertaken by the National Oceanic and 
        Atmospheric Administration and the Federal Trade Commission 
        during the preceding year pursuant to this Act; and
            (4) an examination of the scope of unfair or deceptive acts 
        or practices in the United States market with respect to foods 
        other than seafood and whether additional enforcement authority 
        or activity is warranted.
    (d) NOAA Seafood Inspection and Marking Coordination.--
            (1) Deceptive marketing and fraud.--The National Oceanic 
        and Atmospheric Administration shall report deceptive seafood 
        marketing and fraud to the Federal Trade Commission pursuant to 
        an agreement under subsection (b).
            (2) Application with existing agreements.--Nothing in this 
        Act shall be construed to impede, minimize, or otherwise affect 
        any agreement or agreements regarding cooperation and 
        information sharing in the inspection of fish and fishery 
        products and establishments between the Department of Commerce 
        and the Department of Health and Human Services in effect on 
        the date of enactment of this Act. Within 6 months after the 
        date of enactment of this Act, the Secretary of Commerce and 
        the Secretary of Health and Human Services shall submit a joint 
        report to the Congress on implementation of any such agreement 
        or agreements, including the extent to which the Food and Drug 
        Administration has taken into consideration information 
        resulting from inspections conducted by the Department of 
        Commerce in making risk-based determinations such as the 
        establishment of inspection priorities for domestic and foreign 
        facilities and the examination and testing of imported seafood.
            (3) Coordination with sea grant program.--The Administrator 
        of the National Oceanic and Atmospheric Administration shall 
        ensure that the NOAA Seafood Inspection Program is coordinated 
        with the Sea Grant Program to provide outreach to States, 
        consumers, and the seafood industry on seafood testing, seafood 
        labeling, and seafood substitution, and strategies to combat 
        mislabeling and fraud.

SEC. 3. CERTIFIED LABORATORIES.

    Within 180 days after the date of enactment of this Act, the 
Secretary, 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 the laboratories, including 
Federal, State, and private facilities, comply with applicable Federal 
laws. Within 1 year after the date of enactment of this Act, the 
Secretary of Commerce shall publish in the Federal Register a list of 
certified laboratories. The Secretary shall update and publish the 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 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 that 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. CONTAMINATED SEAFOOD.

    (a) Refusal of Entry.--The Secretary of Health and Human Services 
may issue an order refusing admission into the United States of all 
imports of seafood or seafood products originating from a country or 
exporter if the Secretary determines that shipments of such seafood or 
seafood products do not meet the requirements established under 
applicable Federal law.
    (b) Increased Testing.--If the Secretary of Health and Human 
Services determines that seafood imports originating from a country may 
not meet the requirements of Federal law, and determines that there is 
a lack of adequate certified laboratories to provide for the entry of 
shipments pursuant to section 3, then the Secretary may order an 
increase in the percentage of shipments tested of seafood originating 
from such country to improve detection of potential violations of such 
requirements.
    (c) Allowance of Individual Shipments from Exporting Country or 
Exporter.--Notwithstanding an order under subsection (a) with respect 
to seafood originating from a country or exporter, the Secretary may 
permit individual shipments of seafood originating in that country or 
from that exporter to be admitted into the United States if--
            (1) the exporter presents evidence from a laboratory 
        certified by the Secretary that a shipment of seafood meets the 
        requirements of applicable Federal laws; and
            (2) the Secretary, or other agent of a Federal agency 
        authorized to conduct inspections of seafood, has inspected the 
        shipment and has found that the shipment and the conditions of 
        manufacturing meet the requirements of applicable Federal laws.
    (d) Cancellation of Order.--The Secretary may cancel an order under 
subsection (a) with respect to seafood exported from a country or 
exporter if all shipments into the United States under subsection (c) 
of seafood originating in that country or from that exporter more than 
1 year after the date on which the Secretary issued the order have been 
found, under the procedures described in subsection (c), to meet the 
requirements of Federal law. If the Secretary determines that an 
exporter has failed to comply with the requirements of an order under 
subsection (a), the 1-year period in the preceding sentence shall run 
from the date of that determination rather than the date on which the 
order was issued.
    (e) Effect.--This section shall be in addition to, and shall have 
no effect on, the authority of the Secretary of Health and Human 
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.) with respect to seafood, seafood products, or any other 
product.

SEC. 6. INSPECTION TEAMS.

    (a) Inspection of Foreign Sites.--The Secretary, 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 shall assess practices 
and processes being used in connection with the farming, cultivation, 
harvesting, preparation for market, or transportation of such seafood 
and may provide technical assistance related to the requirements 
established under applicable Federal laws to address seafood fraud and 
safety. The inspection team shall prepare a report for the Secretary of 
Commerce 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 to 
the Secretary.
    (b) Distribution and Use of Report.--The Secretary shall provide 
the report to the Secretary of Health and Human Services as information 
for consideration in making risk-based determinations such as the 
establishment of inspection priorities of domestic and foreign 
facilities and the examination and testing of imported seafood. The 
Secretary shall provide the report to the Executive Director of the 
Federal Trade Commission for consideration in making recommendations to 
the Chairman of the Federal Trade Commission regarding consumer 
protection to prevent fraud, deception, and unfair business practices 
in the marketplace.

SEC. 7. SEAFOOD IDENTIFICATION.

    (a) Standarized List of Names for Seafood.--The Secretary and the 
Secretary of Health and Human Services shall initial a joint rulemaking 
proceeding to develop and make public a list of standardized names for 
seafood identification purposes at distribution, marketing, and 
consumer retail stages. The list of standardized names shall take into 
account taxonomy, current labeling regulations, international law and 
custom, market value, and naming precedence for all commercially 
distributed seafood distributed in interstate commerce in the United 
States and may not include names, whether similar to existing or 
commonly used names for species, that are likely to confuse or mislead 
consumers.
    (b) Publication of List.--The list of standardized names shall be 
made available to the public on Department of Health and Human Services 
and the Department of Commerce websites, shall be open to public review 
and comment, and shall be updated annually.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Applicable federal laws.--The term ``applicable laws 
        and regulations'' means Federal statutes, regulations, and 
        international agreements pertaining to the importation, 
        exportation, transportation, sale, harvest, processing, or 
        trade of seafood, including the Magnuson-Stevens Fishery 
        Conservation and Management Act, section 801 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of 
        the Food Allergen Labeling and Consumer Protection Act of 2004 
        (21 U.S.C. 374a), and the Seafood Hazard Analysis and Critical 
        Control Point regulations in part 123 of title 21, Code of 
        Federal Regulations.
            (2) Appropriate federal agencies.--The term ``appropriate 
        Federal agencies'' includes the Department of Health and Human 
        Services, the Federal Food and Drug Administration, the 
        Department of Homeland Security, and the Department of 
        Agriculture.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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