[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3282 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3282

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

  Mr. Farenthold (for himself and Mr. Lynch) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
 in addition to the Committees on Agriculture, Natural Resources, and 
   Ways and Means, 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 ``Protecting Honest Fishermen Act of 
2015''.

SEC. 2. SEAFOOD SAFETY.

    (a) 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, local health agencies, 
        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 detection and prevention.
    (b) 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 website 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.
    (c) 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) Seafood Traceability Requirements.--
            (1) In general.--Beginning not later than the end of 
        calendar year 2017, the Secretary of Commerce, in consultation 
        with the Secretaries of Health and Human Services and Homeland 
        Security, shall implement the following requirements with 
        respect to seafood imported into the United States or otherwise 
        distributed or offered for sale in interstate commerce:
                    (A) 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, and 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:
                            (i) The acceptable market name (as 
                        determined by the Food and Drug Administration) 
                        and scientific name for the seafood species.
                            (ii) Whether the seafood was harvested wild 
                        or was farm-raised.
                            (iii) The method of harvest of the seafood 
                        including gear type as listed in section 
                        600.725 of title 50, Code of Federal 
                        Regulations and defined in section 600.10 of 
                        such title.
                            (iv) The date of the catch.
                            (v) The weight or number, as appropriate, 
                        of product for an individual fish or lot.
                    (B) 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.
                    (C) 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.
                    (D) 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.
            (2) Alternative means of disclosure for certain categories 
        of information.--
                    (A) In general.--Notwithstanding paragraph (1), 
                instead of including any category of information 
                described in subparagraph (B) in the packaging or 
                labeling of seafood, an importer, processor, 
                distributor, or retailer (including a restaurant) may, 
                with respect to such category, choose to satisfy the 
                requirements of this paragraph by making the 
                information available upon request to any Federal, 
                State, or local official authorized to conduct 
                inspections of--
                            (i) seafood; or
                            (ii) any facility that processes or sells 
                        seafood.
                    (B) Categories.--The categories of information 
                described in this subparagraph are--
                            (i) 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));
                            (ii) if the seafood was farm-raised, the 
                        location of the aquaculture production area, 
                        and the method of cultivation;
                            (iii) the date of the catch; and
                            (iv) the weight or number, as appropriate, 
                        of product for an individual fish or lot.
            (3) Domestic fishermen.--Disclosure of data pursuant to 
        section 303(a)(5) of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging 
        in fishing on a vessel of the United States in the exclusive 
        economic zone (as those terms are used in that Act) is deemed 
        to be in compliance by such person with the requirements 
        implemented under paragraph (1) of this subsection.
    (b) 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 (a); 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 
        (a) 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 (a) 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).
    (c) 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.
    (d) 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 website 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.
    (e) 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 (a);
            (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).
    (f) 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 (a) or (b) 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. 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. 6. 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 finfish, mollusks, 
        crustaceans, and all other forms of marine animal and plant 
        life other than marine mammals and birds.
            (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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