[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2688 Reported in Senate (RS)]
Calendar No. 880
110th CONGRESS
2d Session
S. 2688
[Report No. 110-420]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2008
Mr. Inouye (for himself, Mr. Stevens, Mr. Nelson of Florida, Ms.
Murkowski, and Mr. Vitter) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
July 15, 2008
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.</DELETED>
<DELETED>SEC. 2. SEAFOOD SAFETY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) cooperative arrangements for examining and
testing seafood imports;</DELETED>
<DELETED> (2) coordination of inspections of foreign
facilities;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) establishing a system to track shipments of
seafood in the distribution chain within the United
States;</DELETED>
<DELETED> (6) labeling requirements to assure species
identity and prevent fraudulent practices;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (9) conducting joint training on subjects that
affect and strengthen seafood inspection effectiveness by
Federal authorities.</DELETED>
<DELETED>SEC. 3. CERTIFIED LABORATORIES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 4. NOAA LABORATORIES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 5. CONTAMINATED SEAFOOD.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the exporter presents evidence from a
laboratory certified by the Secretary that a shipment of
seafood meets the requirements of Federal law;</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Reliable Evidence Defined.--In this section, the term
``reliable evidence'' includes--</DELETED>
<DELETED> (1) the detection of failure to meet Federal law
requirements under subsection (a) by the Secretary;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) findings from an inspection team formed under
section 6; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. INSPECTION TEAMS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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.</DELETED>
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, consistent with the
international obligations of the United States, 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
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 the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 301 et seq.).
(b) Increased Testing.--If the Secretary 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 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) 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 practices and processes
being used in connection with the farming, cultivation, harvesting,
preparation for market, or transportation of such seafood and provide
technical assistance related to the requirements established under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). 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. The Secretary of Commerce shall cause the report, together
with any comments submitted to the Secretary by the country or
exporter, to be published in the Federal Register no later than 60 days
after the inspection team makes its final 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.
Calendar No. 880
110th CONGRESS
2d Session
S. 2688
[Report No. 110-420]
_______________________________________________________________________
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.
_______________________________________________________________________
July 15, 2008
Reported with an amendment