[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 520 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 520

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2013

Mr. Begich (for himself and Mrs. Boxer) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 and 
seafood fraud prevention, 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--
                    (A) by which data collected by all seafood 
                inspectors and authorized officers of the National 
                Oceanic and Atmospheric Administration authorized to 
                conduct inspections of seafood shipments, or 
                inspections of facilities that process or sell seafood, 
                will be utilized by the Food and Drug Administration 
                beginning no later than one year after the enactment of 
                this Act;
                    (B) by which data collected by either of these 
                agencies is shared to maximize efficiency and 
                enforcement of seafood safety efforts; and
                    (C) which may include increased training of 
                National Oceanic and Atmospheric Administration agents 
                through the existing Food and Drug Administration 
                programs;
            (4) create a process by which--
                    (A) data collected by inspectors and officers of 
                other Federal, State, or local agencies authorized to 
                conduct inspections of seafood, or inspections of 
                facilities that process or sell seafood, will be 
                utilized by the Food and Drug Administration; and
                    (B) data collected by these inspectors and 
                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; and
            (5) ensure that the National Oceanic and Atmospheric 
        Administration's Seafood Inspection Program is fully utilized 
        as a third-party auditor pursuant to section 808 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 384d) to inspect 
        imported seafood or seafood offered for import originating from 
        any country or exporter.
    (b) Coordination.--
            (1) 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.
            (2) 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) 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.
    (d) Impact on Existing Food Safety Authority.--Nothing in this 
section limits the authority of the Secretary of Health and Human 
Services to execute or enforce food safety laws, including the FDA Food 
Safety Modernization Act (Public Law 111-353).

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 and update as appropriate its ``Guide to 
        Acceptable Market Names for Seafood Sold in Interstate 
        Commerce'' as 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) examples of names 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 shall use its existing citizen petition process in 
        accepting petitions to amend the list maintained under 
        paragraph (1).
    (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 
offered for sale in interstate commerce:
            (1) In addition to disclosure of the United Nations Food 
        and Agriculture Organization Major Fishing Area, or a more 
        specific location, in which the fish was caught, 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)), 
        at a minimum the following information shall be displayed on 
        the packaging 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 subsection (a)(1).
                    (B) The date of the catch.
                    (C) The weight or number, as appropriate, of 
                product for an individual fish or lot.
            (2) If seafood has been previously frozen, treated with any 
        substance (other than ice or water) that may affect the true 
        weight of the seafood, or processed in a country other than 
        that in which it was landed or harvested, 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) If the seafood was farm-raised, that information, along 
        with information regarding the country of cultivation, the 
        location of the aquaculture production area, and the method of 
        cultivation, shall be included in the labeling of, or otherwise 
        accompany, the seafood through processing, distribution, and 
        final sale.
            (4) With respect to any information required by paragraph 
        (1) or (2) to be included in the labeling of, or otherwise 
        accompany, seafood, an importer, processor, distributor, or 
        retailer (including a restaurant) 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.
            (5) No importer, processor, distributor, or retailer may be 
        found to be in violation of the requirements under this 
        subsection for unknowingly selling a product that was already 
        mislabeled upon receipt, provided that the importer, processor, 
        distributor, or retailer can provide the required product 
        traceability documentation.
    (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--
                    (A) the Secretary of Commerce finds that any 
                shipment of such seafood appears to be in violation of 
                subsection (b); or
                    (B) the Secretary of Health and Human Services 
                finds that any shipment of such seafood appears to be 
                in violation of this Act or other applicable Federal 
                laws or regulations.
            (2) Import certification.--For any exporter whose seafood 
        products are 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 is in compliance with the provisions of subsection 
        (b) and other applicable 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 applicable Federal laws or regulations, including 
                those 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 Secretary of Commerce shall prevent any person 
from violating this Act, or any Act to which this section applies, in 
the same manner, by the same means, and with the same jurisdiction, 
powers, and duties as though sections 308 through 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 
1861) were incorporated into and made a part of and applicable to this 
Act.
    (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 
        by National Oceanic and Atmospheric Administration inspectors 
        and authorized officers, including verification of compliance 
        with the traceability requirements of subsection (b);
            (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 to support the Secretary of Health and Human 
        Services in implementing the seafood safety requirements of the 
        FDA Food Safety Modernization Act (Public Law 111-353).
    (g) Impact on Existing Food Safety Authority.--Nothing in this 
section shall be construed to limit the authority of the Secretary of 
Health and Human Services to execute or enforce food safety laws or 
regulations that may be adopted pursuant to the FDA Food Safety 
Modernization Act (Public Law 111-353).

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(c) 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 
        established to reduce duplication of effort and increase 
        collection and integration of inspections data;
            (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 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), the Fair Packaging and Labeling Act (15 U.S.C. 1451 
        et seq.), subtitle D of the Agricultural Marketing Act of 1946 
        (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of 
        Federal Regulations (or any successor regulations), 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 the information required under this Act or 
        other applicable Federal laws and regulations.
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