[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S163-S164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Ms. Snowe, and Mr. Vitter):
  S. 50. A bill to strengthen Federal consumer product safety programs 
and activities with respect to commercially-marketed seafood by 
directing the Secretary of Commerce to coordinate with the Federal 
Trade Commission and other appropriate Federal agencies to strengthen 
and coordinate those programs and activities; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INOUYE. I am pleased to introduce my Commercial Seafood Consumer 
Protection Act, Seafood Safety Act. The Seafood Safety Act will 
strengthen the partnership between the Secretary of Commerce, the 
Secretary of Health and Human Services, HHS, the Secretary of the 
Department of Homeland Security, DHS, the Federal Trade Commission, 
FTC, and other appropriate Federal agencies, to coordinate Federal 
activities for ensuring that commercially distributed seafood in the 
United States meets the food quality and safety requirements of Federal 
law. The bill provides for no new jurisdiction and does not alter any 
existing jurisdiction given to FDA or any other agency. The bill does 
not include any authorization of appropriations, but seeks only to 
strengthen existing partnerships and share information.
  The bill remains largely unchanged since I first introduced it in the 
110th Congress, but this version, like the one I introduced in the 
111th, incorporates the FTC as an additional partner since they have 
broad existing authority for consumer and interstate commerce fraud 
issues.
  Specifically, the bill requires the Secretaries of Commerce, HHS, 
DHS, and the FTC to enter into agreements as necessary to strengthen 
cooperation on seafood safety, seafood labeling, and seafood fraud. 
Those agreements must address seafood testing and inspection; data 
standardization for seafood names; data coordination for the 
exportation, transportation, sale, harvest, or trade of seafood; 
seafood labeling compliance assurance; and information-sharing for 
observed non-compliance. The bill also increases the number of 
laboratories certified to inspection standards of the FDA and allows 
the Secretary of Commerce to increase the number and capacity of NOAA 
laboratories responsible for seafood safety testing. It allows for an 
increase in the percentage of seafood import shipments tested and 
inspected to improve detection of violations. Finally, the bill allows 
the Secretary of HHS to refuse entry of seafood imports from countries 
with known violations, and also allows the Secretary to permit 
individual seafood shipments from recognized and properly certified 
exporters.
  For the safety of the American people, I remain committed to the 
Seafood Safety Act and look forward to continuing to work to ensure its 
passage.
  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. 50

       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. COMMERCIALLY-MARKETED SEAFOOD CONSUMER PROTECTION 
                   SAFETY NET.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Federal Trade Commission and other 
     appropriate Federal agencies, and consistent with the 
     international obligations of the United States, strengthen 
     Federal consumer protection activities for ensuring that 
     commercially-distributed seafood in the United States meets 
     the food quality and safety requirements of applicable 
     Federal laws.
       (b) Interagency Agreements.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the Secretary and other appropriate 
     Federal agencies shall execute memoranda of understanding or 
     other agreements to strengthen interagency cooperation on 
     seafood safety, seafood labeling, and seafood fraud.
       (2) Scope of agreements.--The agreements shall include 
     provisions, as appropriate for each such agreement, for--
       (A) cooperative arrangements for examining and testing 
     seafood imports that leverage the resources, capabilities, 
     and authorities of each party to the agreement;
       (B) coordination of inspections of foreign facilities to 
     increase the percentage of imported seafood and seafood 
     facilities inspected;
       (C) standardizing data on seafood names, inspection 
     records, and laboratory testing to improve interagency 
     coordination;
       (D) coordination of the collection, storage, analysis, and 
     dissemination of all applicable information, intelligence, 
     and data related to the importation, exportation, 
     transportation, sale, harvest, processing, or trade of 
     seafood in order to detect and investigate violations under 
     applicable Federal laws, and to carry out the provisions of 
     this Act;
       (E) 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;
       (F) coordination to track shipments of seafood in the 
     distribution chain within the United States;
       (G) enhancing labeling requirements and methods of assuring 
     compliance with such requirements to clearly identity species 
     and prevent fraudulent practices;
       (H) a process by which officers and employees of the 
     National Oceanic and Atmospheric Administration may be 
     commissioned by the head of any other appropriate Federal 
     agency to conduct or participate in seafood examinations and 
     investigations under applicable Federal laws administered by 
     such other agency;
       (I) the sharing of information concerning observed non-
     compliance with United States seafood requirements 
     domestically and in foreign countries and new regulatory 
     decisions and policies that may affect regulatory outcomes;
       (J) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities;
       (K) sharing, to the maximum extent allowable by law, all 
     applicable information, intelligence, and data related to the 
     importation, exportation, transportation, sale, harvest, 
     processing, or trade of seafood in order to detect and 
     investigate violations under applicable Federal laws, or 
     otherwise to carry out the provisions of this Act; and
       (L) outreach to private testing laboratories, seafood 
     industries, and the public on Federal efforts to enhance 
     seafood safety and compliance with labeling requirements, 
     including education on Federal requirements for seafood 
     safety and labeling and information on how these entities can 
     work with appropriate Federal agencies to enhance and improve 
     seafood inspection and assist in detecting and preventing 
     seafood fraud and mislabeling.
       (3) Annual reports on implementation of agreements.--The 
     Secretary, the Chairman of the Federal Trade Commission, and 
     the heads of other appropriate Federal agencies that are 
     parties to agreements executed under paragraph (1) shall 
     submit, jointly or severally, an annual report to the 
     Congress concerning--
       (A) specific efforts taken pursuant to the agreements;
       (B) the budget and personnel necessary to strengthen 
     seafood safety and labeling and prevent seafood fraud; and
       (C) any additional authorities necessary to improve seafood 
     safety and labeling and prevent seafood fraud.
       (c) Marketing, Labeling, and Fraud Report.--Within 1 year 
     after the date of enactment of this Act, the Secretary and 
     the Chairman of the Federal Trade Commission shall submit a 
     joint report to the Congress on consumer protection and 
     enforcement efforts with respect to seafood marketing and 
     labeling in the United States. The report shall include--
       (1) findings with respect to the scope of seafood fraud and 
     deception in the United States market and its impact on 
     consumers;
       (2) information on how the National Oceanic and Atmospheric 
     Administration and the Federal Trade Commission can work 
     together more effectively to address fraud and unfair or 
     deceptive acts or practices with respect to seafood;
       (3) detailed information on the enforcement and consumer 
     outreach activities undertaken by the National Oceanic and 
     Atmospheric Administration and the Federal Trade Commission 
     during the preceding year pursuant to this Act; and
       (4) an examination of the scope of unfair or deceptive acts 
     or practices in the United States market with respect to 
     foods other than seafood and whether additional enforcement 
     authority or activity is warranted.
       (d) NOAA Seafood Inspection and Marking Coordination.--
       (1) Deceptive marketing and fraud.--The National Oceanic 
     and Atmospheric Administration shall report deceptive seafood 
     marketing and fraud to the Federal Trade Commission pursuant 
     to an agreement under subsection (b).
       (2) Application with existing agreements.--Nothing in this 
     Act shall be construed to impede, minimize, or otherwise 
     affect any agreement or agreements regarding cooperation and 
     information sharing in the inspection of fish and fishery 
     products and establishments between the Department of 
     Commerce and the Department of Health and Human Services in 
     effect on the date of enactment of this Act. Within 6 months 
     after the date of enactment of this Act, the Secretary of 
     Commerce and the Secretary of Health and Human Services shall 
     submit a joint report to the Congress on implementation of 
     any such agreement or agreements, including the extent to 
     which the Food and

[[Page S164]]

     Drug Administration has taken into consideration information 
     resulting from inspections conducted by the Department of 
     Commerce in making risk-based determinations such as the 
     establishment of inspection priorities for domestic and 
     foreign facilities and the examination and testing of 
     imported seafood.
       (3) Coordination with sea grant program.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     ensure that the NOAA Seafood Inspection Program is 
     coordinated with the Sea Grant Program to provide outreach to 
     States, consumers, and the seafood industry on seafood 
     testing, seafood labeling, and seafood substitution, and 
     strategies to combat mislabeling and fraud.

     SEC. 3. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary, 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 the laboratories, 
     including Federal, State, and private facilities, comply with 
     applicable Federal laws. Within 1 year after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     publish in the Federal Register a list of certified 
     laboratories. The Secretary shall update and publish the 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 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 that 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 may 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 that shipments of such seafood or seafood products 
     do not meet the requirements established under applicable 
     Federal law.
       (b) Increased Testing.--If the Secretary of Health and 
     Human Services determines 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 may 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 applicable Federal laws; and
       (2) the Secretary, or other agent of a Federal agency 
     authorized to conduct inspections of seafood, has inspected 
     the shipment and has found that the shipment and the 
     conditions of manufacturing meet the requirements of 
     applicable Federal laws.
       (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) 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.

       (a) Inspection of Foreign Sites.--The Secretary, 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 shall assess practices and processes being 
     used in connection with the farming, cultivation, harvesting, 
     preparation for market, or transportation of such seafood and 
     may provide technical assistance related to the requirements 
     established under applicable Federal laws to address seafood 
     fraud and safety. The inspection team shall prepare a report 
     for the Secretary of Commerce with its findings. The 
     Secretary of Commerce shall make a copy of the report 
     available to the country or exporter that is the subject of 
     the report and provide a 30-day period during which the 
     country or exporter may provide a rebuttal or other comments 
     on the findings to the Secretary.
       (b) Distribution and Use of Report.--The Secretary shall 
     provide the report to the Secretary of Health and Human 
     Services as information for consideration in making risk-
     based determinations such as the establishment of inspection 
     priorities of domestic and foreign facilities and the 
     examination and testing of imported seafood. The Secretary 
     shall provide the report to the Executive Director of the 
     Federal Trade Commission for consideration in making 
     recommendations to the Chairman of the Federal Trade 
     Commission regarding consumer protection to prevent fraud, 
     deception, and unfair business practices in the marketplace.

     SEC. 7. SEAFOOD IDENTIFICATION.

       (a) Standarized List of Names for Seafood.--The Secretary 
     and the Secretary of Health and Human Services shall initial 
     a joint rulemaking proceeding to develop and make public a 
     list of standardized names for seafood identification 
     purposes at distribution, marketing, and consumer retail 
     stages. The list of standardized names shall take into 
     account taxonomy, current labeling regulations, international 
     law and custom, market value, and naming precedence for all 
     commercially-distributed seafood distributed in interstate 
     commerce in the United States and may not include names, 
     whether similar to existing or commonly used names for 
     species, that are likely to confuse or mislead consumers.
       (b) Publication of List.--The list of standardized names 
     shall be made available to the public on Department of Health 
     and Human Services and the Department of Commerce websites, 
     shall be open to public review and comment, and shall be 
     updated annually.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Applicable federal laws.--The term ``applicable laws 
     and regulations'' means Federal statutes, regulations, and 
     international agreements pertaining to the importation, 
     exportation, transportation, sale, harvest, processing, or 
     trade of seafood, including the Magnuson-Stevens Fishery 
     Conservation and Management Act, section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of 
     the Food Allergen Labeling and Consumer Protection Act of 
     2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and 
     Critical Control Point regulations in part 123 of title 21, 
     Code of Federal Regulations.
       (2) Appropriate federal agencies.--The term ``appropriate 
     Federal agencies'' includes the Department of Health and 
     Human Services, the Federal Food and Drug Administration, the 
     Department of Homeland Security, and the Department of 
     Agriculture.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
                                 ______