[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6200 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6200

To strengthen Federal consumer protection and product traceability with 
   respect to commercially marketed seafood, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2012

  Mr. Markey (for himself, Mr. Frank of Massachusetts, Mr. Jones, Mr. 
  Courtney, and Mr. Keating) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
 the Committees on Agriculture, Ways and Means, and Natural Resources, 
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 strengthen Federal consumer protection and product traceability with 
   respect to commercially marketed seafood, and for other purposes.

    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 ``Safety And Fraud Enforcement for 
Seafood Act''.

SEC. 2. SEAFOOD SAFETY.

    (a) Interagency Agreement.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Commerce and the 
Secretary of Health and Human Services shall execute a memorandum of 
understanding to improve interagency cooperation on seafood safety, 
building upon any agreement under section 421(c) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350j(c)), or any other prior 
agreement. The memorandum shall include provisions, performance 
metrics, and timelines as appropriate to improve such cooperation 
(acting under provisions of law other than this subsection) to--
            (1) identify and execute specific procedures for using 
        authorities granted under the FDA Food Safety Modernization Act 
        (Public Law 111-353) to ensure and improve the safety of 
        commercially marketed seafood in the United States;
            (2) maximize the effectiveness of limited personnel and 
        resources by ensuring that--
                    (A) inspections of seafood shipments and seafood 
                processing and production facilities by the National 
                Oceanic and Atmospheric Administration and the Food and 
                Drug Administration are not duplicative; and
                    (B) information resulting from examinations, 
                testing, and inspections conducted by the Department of 
                Commerce is considered in making risk-based 
                determinations, including the establishment of 
                inspection priorities for domestic and foreign 
                facilities and the examination and testing of domestic 
                and imported seafood;
            (3) create a process by which--
                    (A) all agents of the National Oceanic and 
                Atmospheric Administration authorized to conduct 
                inspections meet training standards established by the 
                Food and Drug Administration beginning no later than 
                one year after the enactment of this Act; and
                    (B) data collected by either of these agencies is 
                shared to maximize efficiency and enforcement of 
                seafood safety efforts;
            (4) create a process by which--
                    (A) officials of other Federal, State, or local 
                agencies authorized to conduct inspections of seafood, 
                or inspections of facilities that process or sell 
                seafood, may be trained in accordance with training 
                standards established by the Food and Drug 
                Administration; and
                    (B) data collected by these officials is shared 
                with the National Oceanic and Atmospheric 
                Administration and the Food and Drug Administration to 
                maximize efficiency and enforcement of seafood safety 
                efforts;
            (5) create and maintain a list of all antibiotics and other 
        substances allowed to be administered to farmed fish in the 
        United States and other countries that import farmed fish to 
        the United States, as well as unapproved substances that could 
        be used and could be hazardous to human health, and develop 
        protocols for certification of foreign and domestic private 
        laboratories to conduct testing for levels of these substances; 
        and
            (6) fully utilize the National Oceanic and Atmospheric 
        Administration's seafood inspection activities to prescreen 
        imported seafood or seafood offered for import originating from 
        any country or exporter that wishes to have its product 
        certified as safe for export to the United States.
    (b) Coordination.--
            (1) Expediting importation of seafood from certain 
        countries and exporters.--The Secretary of Commerce shall 
        coordinate with the Secretary of Health and Human Services, the 
        Federal Trade Commission, the Secretary of Homeland Security, 
        and other appropriate Federal agencies to develop a process 
        (acting under provisions of law other than this paragraph) for 
        expediting the importation of seafood from foreign countries 
        and exporters that consistently adhere to the highest standards 
        for seafood safety.
            (2) National sea grant college program.--The Administrator 
        of the National Oceanic and Atmospheric Administration shall 
        ensure that the Administration's seafood inspection activities 
        are coordinated with the national sea grant college program to 
        provide outreach to the States, consumers, and the seafood 
        industry on seafood safety.
            (3) Inspecting to prevent seafood fraud.--The Secretary of 
        Commerce and the Secretary of Health and Human Services shall, 
        to the maximum extent practicable, ensure that inspections and 
        tests for seafood safety also collect information for seafood 
        fraud prevention.
    (c) Refusal of Admission.--
            (1) In general.--Subject to paragraphs (3) and (4), all 
        seafood imported or offered for import originating from an 
        exporter shall be refused admission if the Secretary of Health 
        and Human Services or the Secretary of Commerce finds that any 
        shipment of such seafood appears to--
                    (A) not meet the controls established under the 
                applicable provisions of part 123 of title 1, Code of 
                Federal Regulations (or any successor regulation);
                    (B) be treated, or have been given feed that has 
                been treated, with an antibiotic or other substance 
                that has not been approved by the Food and Drug 
                Administration for use by United States aquaculturists; 
                or
                    (C) contain a level of any substance above the 
                maximum level deemed safe for consumption by the Food 
                and Drug Administration.
            (2) Import certification.--For any exporter whose seafood 
        products must be refused admission under paragraph (1) based on 
        a prior shipment, the Secretary of Health and Human Services 
        shall determine whether to require, as a condition of granting 
        admission into the United States to an article of seafood 
        originating from such exporter, that such seafood be 
        accompanied by a certification or other assurance under section 
        801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        381(q)).
            (3) Allowance of individual shipments.--Paragraph (1) does 
        not apply with respect to an individual shipment of seafood 
        originating from an exporter whose products must otherwise be 
        refused admission under such paragraph if the exporter presents 
        evidence to the Secretary of Health and Human Services or the 
        Secretary of Commerce from a laboratory accredited under 
        section 422 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 350k), or other equivalent evidence, documenting that 
        the shipment--
                    (A) meets the controls established under the 
                applicable provisions of part 123 of title 1, Code of 
                Federal Regulations (or any successor regulation); and
                    (B) is not described in subparagraph (B) or (C) of 
                paragraph (1).
            (4) Termination of individual shipment screening 
        requirement.--Paragraph (1) shall cease to prohibit the 
        admission of seafood originating from an exporter based on a 
        prior shipment if the Secretary of Health and Human Services or 
        the Secretary of Commerce determines that--
                    (A) each prior shipment whose appearance triggered 
                the application of such paragraph was in fact in 
                compliance with Federal law; or
                    (B) during the preceding 12 months, no shipment of 
                seafood originating from the exporter has triggered the 
                application of paragraph (1).
    (d) List of Offenders.--The Secretary of Health and Human Services, 
in consultation with the Secretary of Commerce, shall develop, 
maintain, and post on the public Web site of the Department of Health 
and Human Services a list that--
            (1) includes, by country, each exporter whose seafood is 
        imported or offered for import into the United States; and
            (2) for each such exporter, tracks the timing, type, and 
        frequency of violations of Federal law relating to seafood 
        safety.

SEC. 3. SEAFOOD IDENTIFICATION.

    (a) List of Standardized Names for Seafood.--
            (1) Update.--Beginning not later than 180 days after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services, in consultation with the Secretary of Commerce, 
        shall maintain a list of standardized names for identification 
        of seafood at the distribution, marketing, and retail stages.
            (2) Contents.--The list maintained under paragraph (1) 
        shall--
                    (A) include scientific names, acceptable market 
                names, and common or regional names for all seafood 
                species distributed in interstate commerce in the 
                United States, and indicate clearly--
                            (i) which of those names may be used to 
                        identify seafood; and
                            (ii) which constitute mislabeling in 
                        violation of Federal law;
                    (B) take into account taxonomy, international law 
                and custom, market information, and naming precedence;
                    (C) identify names for seafood as appropriate only 
                if the Secretary of Commerce determines the names are 
                not likely to confuse or mislead consumers; and
                    (D) include information regarding any consumption 
                advisory that has been issued for the seafood.
            (3) Availability.--The list maintained under paragraph (1) 
        shall be--
                    (A) made available to the public on the Web sites 
                of the Department of Health and Human Services and the 
                Department of Commerce; and
                    (B) updated annually based on the best available 
                scientific and market information.
            (4) Public input.--The Secretary of Health and Human 
        Services and the Secretary of Commerce shall--
                    (A) accept citizen petitions to amend the list 
                maintained under paragraph (1); and
                    (B) provide to each petitioner a written response 
                to the respective petition within 180 days of receipt.
    (b) Seafood Traceability Requirements.--Beginning on the date that 
is 180 days after the date of the enactment of this Act, the Secretary 
of Commerce, in consultation with the Secretary of Health and Human 
Services, shall implement the following requirements with respect to 
seafood imported into the United States or otherwise distributed or 
sold in interstate commerce:
            (1) Of the information required to be submitted to the 
        Secretary of Commerce under section 303(a)(5) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1853(a)(5)), the following information shall be included in the 
        labeling of, or otherwise accompany, seafood through 
        processing, distribution, and final sale:
                    (A) The acceptable market name and scientific name 
                for the seafood species, as specified in the list 
                maintained under paragraph (1).
                    (B) The production method of the seafood, including 
                gear type, and whether the seafood was farmed or wild-
                caught.
                    (C) The geographic catch area or aquaculture 
                production area of the seafood.
                    (D) The weight or number and any transformation of 
                product for an individual fish or lot.
            (2) If seafood has been previously frozen, or treated with 
        any substance (other than ice or water) that may affect the 
        true weight of the seafood, by any harvester, processor, 
        distributor, or retailer, such information shall be included in 
        the labeling of, or otherwise accompany, the seafood through 
        processing, distribution, and final sale.
            (3) With respect to any information required by paragraph 
        (1) or (2) to be included in the labeling of, or otherwise 
        accompany, seafood, a retailer may satisfy such requirement by 
        making the information available upon request--
                    (A) to anyone purchasing the seafood; and
                    (B) to any Federal, State, or local official 
                authorized to conduct inspections of--
                            (i) seafood; or
                            (ii) any facility that processes or sells 
                        seafood.
    (c) Refusal of Admission.--
            (1) In general.--Subject to paragraphs (3) and (4), all 
        seafood imported or offered for import originating from an 
        exporter shall be refused admission if the Secretary of Health 
        and Human Services or the Secretary of Commerce finds that any 
        shipment of such seafood appears to be in violation of 
        subsection (b) or other applicable Federal laws or regulations 
        prohibiting seafood fraud.
            (2) Import certification.--For any exporter whose seafood 
        products must be refused admission under paragraph (1) based on 
        a prior shipment, the Secretary of Health and Human Services 
        shall determine whether to require, as a condition of granting 
        admission into the United States to an article of seafood 
        originating from such exporter, that such seafood be 
        accompanied by a certification or other assurance under section 
        801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        381(q)).
            (3) Allowance of individual shipments.--Paragraph (1) does 
        not apply with respect to an individual shipment of seafood 
        originating from an exporter whose products must otherwise be 
        refused admission under such paragraph if the exporter presents 
        evidence to the Secretary Health and Human Services or the 
        Secretary of Commerce from a laboratory accredited under 
        section 422 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 350k), or other equivalent evidence, documenting that 
        the shipment is in compliance with the provisions of subsection 
        (b) and other Federal laws or regulations prohibiting seafood 
        fraud.
            (4) Termination of individual shipment screening 
        requirement.--Paragraph (1) shall cease to prohibit the 
        admission of seafood originating from an exporter based on a 
        prior shipment if the Secretary of Health and Human Services or 
        the Secretary of Commerce determines that--
                    (A) each prior shipment whose appearance triggered 
                the application of such paragraph was in fact in 
                compliance with the provisions of subsection (b) and 
                other Federal laws or regulations prohibiting seafood 
                fraud; or
                    (B) during the preceding 12 months, no shipment of 
                seafood originating from the exporter has triggered the 
                application of paragraph (1).
    (d) Penalties.--The violation of a requirement of subsection (a) is 
deemed to constitute a violation of section 307(1)(A) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(A)).
    (e) List of Offenders.--The Secretary of Commerce, in consultation 
with the Secretary of Health and Human Services, shall develop, 
maintain, and post on the public Web site of the Department of Commerce 
a list that--
            (1) includes, by country, each exporter whose seafood is 
        imported or offered for import into the United States; and
            (2) for each such exporter, tracks the timing, type, and 
        frequency of violations of Federal law relating to seafood 
        fraud.
    (f) Inspections.--The Secretary of Commerce, in consultation with 
the Secretary of Health and Human Services, shall--
            (1) increase, as resources allow, the number of foreign and 
        domestic seafood shipments that are inspected for seafood 
        fraud, including verification of compliance with the 
        traceability requirements of subsection (b) (relating to 
        traceability);
            (2) ensure that the percentage of seafood shipments 
        inspected during a given year is not lower than the percentage 
        inspected during the previous year; and
            (3) to the maximum extent practicable, ensure that 
        inspections and tests for seafood fraud prevention also collect 
        information for seafood safety.

SEC. 4. AUTHORITY OF STATES.

    Whenever the attorney general of a State, or an official or agency 
designated by a State, has reason to believe that any person has 
engaged or is engaging in a pattern or practice of seafood fraud in 
violation of subsection (b) or (c) of section 3, the State may bring a 
civil action on behalf of its residents to enjoin fraud, an action to 
recover for actual monetary loss or receive $10,000 in damages for each 
violation, or both such actions. If the court finds the defendant 
willfully or knowingly violated this Act, the court may, in its 
discretion, increase the amount of the award to an amount equal to not 
more than 3 times the amount available under the preceding sentence. 
Nothing in this section shall preclude an individual from bringing a 
civil action.

SEC. 5. REPORT TO CONGRESS.

    Beginning 18 months after the date of the enactment of this Act, 
and every two years thereafter, the Secretary of Commerce and the 
Secretary of Health and Human Services, in consultation with the 
Chairman of the Federal Trade Commission and the heads of other 
relevant Federal agencies, shall submit jointly a report to the 
Congress including--
            (1) findings with respect to--
                    (A) the extent and severity of violations of 
                Federal, State, and local law relating to seafood 
                safety and seafood fraud; and
                    (B) the health and financial impacts of these 
                violations on United States consumers and the United 
                States fishing industry;
            (2) an analysis of the lists required to be developed and 
        maintained under sections 2(d) and 3(e);
            (3) an analysis of the effectiveness of the memorandum of 
        understanding required by section 2(a) in ensuring that the 
        Department of Commerce and the Department of Health and Human 
        Services work to ensure seafood safety, including an assessment 
        of achieving identified performance metrics and timelines;
            (4) an assessment of the technological assets available for 
        addressing seafood safety and fraud, including traceability, 
        and an assessment of the technological gaps and needs that 
        exist;
            (5) information related to the implementation of any 
        agreement entered into pursuant to section 2 of this Act or 
        section 421 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 350j);
            (6) detailed information on the inspection, enforcement, 
        and consumer outreach activities, including the number of 
        inspections, enforcement actions, consumer outreach activities, 
        personnel, and resources utilized by the National Oceanic and 
        Atmospheric Administration, the Food and Drug Administration, 
        and the Federal Trade Commission to carry out this Act, 
        including the degree of coordination of actions to address 
        seafood safety and seafood fraud; and
            (7) recommendations on any additional authorities, budget, 
        or personnel necessary to improve seafood safety and prevent 
        seafood fraud.

SEC. 6. PREEMPTION.

    Nothing in this Act preempts the authority of a State to establish 
and enforce requirements for improving seafood safety and preventing 
seafood fraud that are consistent with, or in addition to, the 
requirements of this Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) The term ``other applicable Federal laws and 
        regulations'' means Federal statutes, regulations, and 
        international agreements (other than this Act) pertaining to 
        the importation, exportation, transportation, sale, harvest, 
        processing, or trade of seafood, including the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
        seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
        et seq.), the FDA Food Safety Modernization Act (Public Law 
        111-353), and part 123 of title 21, Code of Federal Regulations 
        (or any successor regulations).
            (2) The term ``seafood'' means fish, shellfish, and 
        processed fish or shellfish products.
            (3) The term ``seafood fraud'' means the mislabeling or 
        misrepresentation of seafood in violation of this Act or other 
        applicable Federal laws and regulations.
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