1.This Act may be cited as the
Safety And Fraud Enforcement for
Seafood Act
.
2.
(a)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)
(1)Expediting
importation of seafood from certain countries and exportersThe
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 programThe 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 fraudThe 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)
(1)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)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 shipmentsParagraph (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 requirementParagraph (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)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.
3.
(a)List of
Standardized Names for Seafood
(1)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)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)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)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 RequirementsBeginning 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)
(1)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)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 shipmentsParagraph (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 requirementParagraph (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)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)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)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.
4.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.
5.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.
6.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.
7.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.