[Congressional Record Volume 154, Number 36 (Tuesday, March 4, 2008)]
[Senate]
[Pages S1523-S1524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself and Mr. Stevens):
  S. 2688. A bill to improve the protections afforded under Federal law 
to consumers from contaminated seafood by directing the Secretary of 
Commerce to establish a program, in coordination with other appropriate 
Federal agencies, to strengthen activities for ensuring that seafood 
sold or offered for sale to the public in or affecting interstate 
commerce is fit for human consumption; to the Committee on Commerce, 
Science, and Transportation.
  Mr. INOUYE. Mr. President, I rise today to introduce the Commercial 
Seafood Consumer Protection Act. I am joined by Senator Stevens, the 
Vice Chairman of the Senate Commerce, Science, and Transportation 
Committee. I thank him for his work on this important issue.
  The average American eats approximately 16 pounds of fish and 
shellfish each year. Given this fact, it is essential that Americans 
have confidence in the safety and quality of the seafood they consume. 
Yet just last year, Americans faced news reports of tainted seafood 
imports reaching their kitchen tables. The Commercial Seafood Consumer 
Protection Act will help prevent such contaminated seafood from ever 
reaching the mouths of consumers.
  The Commercial Seafood Consumer Protection Act would work to ensure 
that commercially distributed seafood in the United States is fit for 
human consumption by strengthening the National Oceanic and Atmospheric 
Administration's, NOAA, fee-for-service seafood inspection program, 
SIP. Specifically, the bill would increase the number and capacity of 
NOAA laboratories that are involved with the SIP under the National 
Marine Fisheries Service.
  The bill would further direct the Secretary of Commerce and the 
Secretary of Health and Human Services to work together to create an 
infrastructure that provides a better system for importing safe 
seafood. This new system would provide a means to inspect foreign 
facilities, and examine and test imported seafood. It would also 
provide technical assistance and training to foreign facilities and 
governments. Additionally, it would also expedite seafood imports from 
countries that consistently maintain high standards.
  The Commercial Seafood Consumer Protection Act is a strong step in 
protecting the safety and quality of the seafood products Americans 
consume.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2688

       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 ``Commercial Seafood Consumer 
     Protection Act''.

     SEC. 2. SEAFOOD SAFETY.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Secretary of Health and Human Services 
     and other appropriate Federal agencies, establish a program 
     to strengthen Federal activities for ensuring that 
     commercially distributed seafood in the United States meets 
     the food quality and safety requirements of Federal law.
       (b) Memorandum of Understanding.--The Secretary of Commerce 
     and the Secretary of Health and Human Services shall enter 
     into an agreement within 180 days after enactment of this Act 
     to strengthen cooperation on seafood safety. The agreement 
     shall include provisions for--
       (1) cooperative arrangements for examining and testing 
     seafood imports;
       (2) coordination of inspections of foreign facilities;
       (3) technical assistance and training of foreign facilities 
     for marine aquaculture, technical assistance for foreign 
     governments concerning United States regulatory requirements, 
     and appropriate information transfer arrangements between the 
     United States and foreign governments;
       (4) developing a process for expediting imports of seafood 
     into the United States from foreign countries and exporters 
     that consistently adhere to the highest standards for 
     ensuring seafood safety;
       (5) establishing a system to track shipments of seafood in 
     the distribution chain within the United States;
       (6) labeling requirements to assure species identity and 
     prevent fraudulent practices;
       (7) a process by which officers and employees of the 
     National Oceanic and Atmospheric Administration and National 
     Marine Fisheries Service may be commissioned by the Secretary 
     of Health and Human Services for seafood examinations and 
     investigations conducted under section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381);
       (8) the sharing of information concerning observed non-
     compliance with United States food requirements domestically 
     and in foreign countries and new regulatory decisions and 
     policies that may affect regulatory outcomes; and
       (9) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities.

     SEC. 3. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Commerce, in consultation with the Secretary 
     of Health and Human Services, shall increase the number of 
     laboratories certified to the standards of the Food and Drug 
     Administration in the United States and in countries that 
     export seafood to the United States for the purpose of 
     analyzing seafood and ensuring that it complies with Federal 
     law. Such laboratories may include Federal, State, and 
     private facilities. The Secretary of commerce shall publish 
     in the Federal Register a list of certified laboratories, and 
     shall update the list, and publish the updated list, no less 
     frequently than annually.

     SEC. 4. NOAA LABORATORIES.

       In any fiscal year beginning after the date of enactment of 
     this Act, the Secretary of Commerce may increase the number 
     and capacity of laboratories operated by the National Oceanic 
     and Atmospheric Administration involved in carrying out 
     testing and other activities under this Act to the extent the 
     Secretary determines that increased laboratory capacity is 
     necessary to carry out the provisions of this Act and as 
     provided for in appropriations Acts.

     SEC. 5. CONTAMINATED SEAFOOD.

       (a) Refusal of Entry.--The Secretary of Health and Human 
     Services shall issue an order refusing admission into the 
     United States of all imports of seafood or seafood products 
     originating from a country or exporter if the Secretary 
     determines, on the basis of reliable evidence, that shipments 
     of such seafood or seafood products is not likely to meet the 
     requirements of Federal law.
       (b) Increased Testing.--If the Secretary determines, on the 
     basis of reliable evidence that seafood imports originating 
     from a country may not meet the requirements of Federal law, 
     and determines that there is a lack of adequate certified 
     laboratories to provide for the entry of shipments pursuant 
     to section 3, then the Secretary shall order an increase in 
     the percentage of shipments tested of seafood originating 
     from such country to improve detection of potential 
     violations of such requirements.
       (c) Allowance of Individual Shipments from Exporting 
     Country or Exporter.--Notwithstanding an order under 
     subsection (a) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       (1) the exporter presents evidence from a laboratory 
     certified by the Secretary that a shipment of seafood meets 
     the requirements of Federal law;
       (2) the Secretary, or an entity commissioned to carry out 
     examinations and investigations under section 702(a) of the 
     Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has 
     inspected the shipment and has found that the shipment meets 
     the requirements of Federal law.
       (d) Cancellation of Order.--The Secretary may cancel an 
     order under subsection (a) with respect to seafood exported 
     from a country or exporter if all shipments into the United 
     States under subsection (c) of seafood originating in that 
     country or from that exporter more than 1 year after the date 
     on which the Secretary issued the order have been found, 
     under the procedures described in subsection (c), to meet the 
     requirements of Federal law. If the Secretary determines that 
     an exporter has failed to comply with the requirements of an 
     order under subsection (a), the 1-year period in the 
     preceding sentence shall run from the date of that 
     determination rather than the date on which the order was 
     issued.
       (e) Reliable Evidence Defined.--In this section, the term 
     ``reliable evidence'' includes--
       (1) the detection of failure to meet Federal law 
     requirements under subsection (a) by the Secretary;
       (2) the detection of all seafood products that fail to meet 
     Federal law requirements by an entity commissioned to carry 
     out examinations and investigations under section 702(a) of 
     the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) 
     or a laboratory certified under subsection (c);
       (3) findings from an inspection team formed under section 
     6; or
       (4) the detection by other importing countries of non-
     compliance of shipments of seafood or seafood products that 
     originate from the exporting country or exporter.

[[Page S1524]]

       (f) Effect.--This section shall be in addition to, and 
     shall have no effect on, the authority of the Secretary of 
     Health and Human Services under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, 
     seafood products, or any other product.

     SEC. 6. INSPECTION TEAMS.

       The Secretary of Commerce, in cooperation with the 
     Secretary of Health and Human Services, may send 1 or more 
     inspectors to a country or exporter from which seafood 
     exported to the United States originates. The inspection team 
     will assess whether any prohibited drug, practice, or process 
     is being used in connection with the farming, cultivation, 
     harvesting, preparation for market, or transportation of such 
     seafood. The inspection team shall prepare a report for the 
     Secretary with its findings. The Secretary of Commerce shall 
     cause the report to be published in the Federal Register no 
     later than 90 days after the inspection team makes its final 
     report. The Secretary of Commerce shall notify the country or 
     exporter through appropriate means as to the findings of the 
     report no later than the date on which the report is 
     published in the Federal Register. A country may offer a 
     rebuttal to the assessment within 90 days after publication 
     of the report.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each of fiscal 
     years 2009 through 2013, for purposes of carrying out the 
     provisions of this Act, $15,000,000.
                                 ______