[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1012 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1012
To strengthen Federal consumer protection and product traceability with
respect to commercially marketed seafood, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2013
Mr. Markey (for himself, Mr. Jones, Mr. Bonner, Mrs. Capps, Mr.
Tierney, and Mr. Keating) 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 ``Safety And Fraud Enforcement for
Seafood Act''.
SEC. 2. SEAFOOD SAFETY.
(a) Interagency Agreement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Commerce and the
Secretary of Health and Human Services shall execute a memorandum of
understanding to improve interagency cooperation on seafood safety and
seafood fraud prevention, building upon any agreement under section
421(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350j(c)),
or any other prior agreement. The memorandum shall include provisions,
performance metrics, and timelines as appropriate to improve such
cooperation (acting under provisions of law other than this subsection)
to--
(1) identify and execute specific procedures for using
authorities granted under the FDA Food Safety Modernization Act
(Public Law 111-353) to ensure and improve the safety of
commercially marketed seafood in the United States;
(2) maximize the effectiveness of limited personnel and
resources by ensuring that--
(A) inspections of seafood shipments and seafood
processing and production facilities by the National
Oceanic and Atmospheric Administration and the Food and
Drug Administration are not duplicative; and
(B) information resulting from examinations,
testing, and inspections conducted by the Department of
Commerce is considered in making risk-based
determinations, including the establishment of
inspection priorities for domestic and foreign
facilities and the examination and testing of domestic
and imported seafood;
(3) create a process--
(A) by which data collected by all seafood
inspectors and authorized officers of the National
Oceanic and Atmospheric Administration authorized to
conduct inspections of seafood shipments, or
inspections of facilities that process or sell seafood,
will be utilized by the Food and Drug Administration
beginning no later than one year after the enactment of
this Act;
(B) by which data collected by either of these
agencies is shared to maximize efficiency and
enforcement of seafood safety efforts; and
(C) which may include increased training of
National Oceanic and Atmospheric Administration agents
through the existing Food and Drug Administration
programs;
(4) create a process by which--
(A) data collected by inspectors and officers of
other Federal, State, or local agencies authorized to
conduct inspections of seafood, or inspections of
facilities that process or sell seafood, will be
utilized by the Food and Drug Administration; and
(B) data collected by these inspectors and
officials is shared with the National Oceanic and
Atmospheric Administration and the Food and Drug
Administration to maximize efficiency and enforcement
of seafood safety efforts; and
(5) ensure that the National Oceanic and Atmospheric
Administration's Seafood Inspection Program is fully utilized
as a third-party auditor pursuant to section 808 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 384d) to inspect
imported seafood or seafood offered for import originating from
any country or exporter.
(b) 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, 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 prevention.
(c) 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 Web site 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.
(d) 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) List of Standardized Names for Seafood.--
(1) Update.--Beginning not later than 180 days after the
date of the enactment of this Act, the Secretary of Health and
Human Services, in consultation with the Secretary of Commerce,
shall maintain and update as appropriate its ``Guide to
Acceptable Market Names for Seafood Sold in Interstate
Commerce'' as a list of standardized names for identification
of seafood at the distribution, marketing, and retail stages.
(2) Contents.--The list maintained under paragraph (1)
shall--
(A) include scientific names, acceptable market
names, and common or regional names for all seafood
species distributed in interstate commerce in the
United States, and indicate clearly--
(i) which of those names may be used to
identify seafood; and
(ii) examples of names which constitute
mislabeling in violation of Federal law;
(B) take into account taxonomy, international law
and custom, market information, and naming precedence;
(C) identify names for seafood as appropriate only
if the Secretary of Commerce determines the names are
not likely to confuse or mislead consumers; and
(D) include information regarding any consumption
advisory that has been issued for the seafood.
(3) Availability.--The list maintained under paragraph (1)
shall be--
(A) made available to the public on the Web sites
of the Department of Health and Human Services and the
Department of Commerce; and
(B) updated annually based on the best available
scientific and market information.
(4) Public input.--The Secretary of Health and Human
Services shall use its existing citizen petition process in
accepting petitions to amend the list maintained under
paragraph (1).
(b) Seafood Traceability Requirements.--Beginning on the date that
is 180 days after the date of the enactment of this Act, the Secretary
of Commerce, in consultation with the Secretary of Health and Human
Services, shall implement the following requirements with respect to
seafood imported into the United States or otherwise distributed or
offered for sale in interstate commerce:
(1) 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, 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:
(A) The acceptable market name and scientific name
for the seafood species, as specified in the list
maintained under subsection (a)(1).
(B) 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.
(C) The date of the catch.
(D) The weight or number, as appropriate, of
product for an individual fish or lot.
(2) 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.
(3) 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.
(4) With respect to any information required by paragraph
(1) or (2) to be included in the labeling of, or otherwise
accompany, seafood, an importer, processor, distributor, or
retailer (including a restaurant) may satisfy such requirement
by making the information available upon request--
(A) to anyone purchasing the seafood; and
(B) to any Federal, State, or local official
authorized to conduct inspections of--
(i) seafood; or
(ii) any facility that processes or sells
seafood.
(5) 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.
(c) 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 (b); 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
(b) 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 (b) 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).
(d) 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.
(e) 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 Web site 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.
(f) 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 (b);
(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).
(g) 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 (b) or (c) 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. REPORT TO CONGRESS.
Beginning 18 months after the date of the enactment of this Act,
and every two years thereafter, the Secretary of Commerce and the
Secretary of Health and Human Services, in consultation with the
Chairman of the Federal Trade Commission and the heads of other
relevant Federal agencies, shall submit jointly a report to the
Congress including--
(1) findings with respect to--
(A) the extent and severity of violations of
Federal, State, and local law relating to seafood
safety and seafood fraud; and
(B) the health and financial impacts of these
violations on United States consumers and the United
States fishing industry;
(2) an analysis of the lists required to be developed and
maintained under sections 2(c) and 3(e);
(3) an analysis of the effectiveness of the memorandum of
understanding required by section 2(a) in ensuring that the
Department of Commerce and the Department of Health and Human
Services work to ensure seafood safety, including an assessment
of achieving identified performance metrics and timelines
established to reduce duplication of effort and increase
collection and integration of inspections data;
(4) an assessment of the technological assets available for
addressing seafood safety and fraud, including traceability,
and an assessment of the technological gaps and needs that
exist;
(5) information related to the implementation of any
agreement entered into pursuant to section 2 of this Act or
section 421 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350j);
(6) detailed information on the inspection, enforcement,
and consumer outreach activities, including the number of
inspections, enforcement actions, consumer outreach activities,
personnel, and resources utilized by the National Oceanic and
Atmospheric Administration, the Food and Drug Administration,
and the Federal Trade Commission to carry out this Act,
including the degree of coordination of actions to address
seafood safety and seafood fraud; and
(7) recommendations on any additional authorities, budget,
or personnel necessary to improve seafood safety and prevent
seafood fraud.
SEC. 6. 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. 7. 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 fish, shellfish, and
processed fish or shellfish products.
(3) The term ``seafood fraud'' means the mislabeling or
misrepresentation of the information required under this Act or
other applicable Federal laws and regulations.
<all>