[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2182 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2182

 To amend the Agricultural Marketing Act of 1946 to establish a label 
designating fish harvested in the United States exclusive economic zone 
    or navigable waters as wild USA seafood, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

 Ms. Murkowski (for herself and Mr. Sullivan) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

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                                 A BILL


 
 To amend the Agricultural Marketing Act of 1946 to establish a label 
designating fish harvested in the United States exclusive economic zone 
    or navigable waters as wild USA 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 Wild USA Seafood Act of 2023.

SEC. 2. WILD USA SEAFOOD LABEL.

    Title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.) is amended by adding at the end the following:

                  ``Subtitle H--Wild USA Seafood Label

``SEC. 298A. DEFINITIONS.

    ``In this subtitle:
            ``(1) Fish.--The term `fish' means finfish, mollusks, 
        crustaceans, and all other forms of aquatic animal and plant 
        life other than aquatic mammals and birds.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

``SEC. 298B. WILD USA SEAFOOD LABEL.

    ``(a) In General.--A retailer of fish or person engaged in the 
business of supplying fish to a retailer may label the fish as `wild 
USA seafood', `wild American seafood', or any equivalent designation 
only if--
            ``(1) the fish is naturally born in the wild or hatchery-
        originated fish released in the wild;
            ``(2) the fish is caught, taken, or harvested from--
                    ``(A) waters within the exclusive economic zone (as 
                defined in section 107 of title 46, United States 
                Code); or
                    ``(B) navigable waters (as defined in section 502 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362)); and
            ``(3) if the fish is caught, taken, or harvested by a 
        vessel, such vessel is a vessel of the United States (as 
        defined in section 3 of the Magnuson-Stevens Fisheries 
        Conservation and Management Act (16 U.S.C. 1802)).
    ``(b) Method of Notification.--
            ``(1) In general.--The information described in subsection 
        (a) may be provided to consumers by means of a label, stamp, 
        mark, placard, or other clear and visible sign on the fish or 
        on the package, display, holding unit, or bin containing the 
        fish at the final point of sale to consumers.
            ``(2) Labeled commodities.--If fish is already individually 
        labeled for retail sale with the label described in subsection 
        (a), the retailer shall not be required to provide any 
        additional information to comply with this section.

``SEC. 298C. ENFORCEMENT.

    ``(a) Warnings.--If the Secretary determines that a retailer of 
fish or person engaged in the business of supplying fish to a retailer 
is in violation of section 298B, the Secretary shall--
            ``(1) notify the retailer or person of the determination of 
        the Secretary; and
            ``(2) provide the retailer or person a 30-day period, 
        beginning on the date on which the retailer or person receives 
        the notice under paragraph (1) from the Secretary, during which 
        the retailer or person may take necessary steps to comply with 
        section 298B.
    ``(b) Fines.--
            ``(1) In general.--The Secretary may fine a retailer or 
        person under paragraph (2) for an unfair or deceptive act or 
        practice if, on completion of the 30-day period described in 
        subsection (a)(2), the Secretary determines that the retailer 
        or person--
                    ``(A) has not made a good faith effort to comply 
                with section 298B; and
                    ``(B) continues to willfully violate section 298B 
                with respect to the violation about which the retailer 
                or person received notification under subsection 
                (a)(1).
            ``(2) Notice and hearing; amount.--After providing notice 
        and an opportunity for a hearing before the Secretary with 
        respect to the violation described in paragraph (1), the 
        Secretary may fine the retailer or person in an amount of not 
        more than $10,000 for each violation.

``SEC. 298D. REGULATIONS.

    ``The Secretary may promulgate such regulations as are necessary to 
implement this subtitle and verify compliance with section 298B(a).''.
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