S.Amdt. 4140

1. Inserts new text wherever appropriate

   Inserts

   Inserted: TITLE --COMMERCIAL SEAFOOD CONSUMER PROTECTION

   Inserted: SEC. --01. SHORT TITLE.

   Inserted: This title may be cited as the "Commercial Seafood Consumer Protection Act".

   Inserted: SEC. --02. SEAFOOD SAFETY.

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) cooperative arrangements for examining and testing seafood imports;

   Inserted: (2) coordination of inspections of foreign facilities;

   Inserted: (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;

   Inserted: (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;

   Inserted: (5) establishing a system to track shipments of seafood in the distribution chain within the United States;

   Inserted: (6) labeling requirements to assure species identity and prevent fraudulent practices;

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   Inserted: (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);

   Inserted: (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

   Inserted: (9) conducting joint training on subjects that affect and strengthen seafood inspection effectiveness by Federal authorities.

   Inserted: SEC. --03. CERTIFIED LABORATORIES.

   Inserted: 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.

   Inserted: SEC. --04. NOAA LABORATORIES.

   Inserted: 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 title to the extent the Secretary determines that increased laboratory capacity is necessary to carry out the provisions of this title and as provided for in appropriations Acts.

   Inserted: SEC. --05. CONTAMINATED SEAFOOD.

   Inserted: (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.).

   Inserted: (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 --03, 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.

   Inserted: (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--

   Inserted: (1) the exporter presents evidence from a laboratory certified by the Secretary that a shipment of seafood meets the requirements of Federal law;

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. --06. INSPECTION TEAMS.

   Inserted: 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.

   Inserted: SEC. --07. AUTHORIZATION OF APPROPRIATIONS.

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

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   Original wording

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As printed