[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 50 Reported in Senate (RS)]
Calendar No. 297
112th CONGRESS
2d Session
S. 50
[Report No. 112-131]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. Inouye (for himself, Ms. Snowe, Mr. Vitter, Mr. Begich, Mrs.
Gillibrand, Mr. Kerry, Mr. Schumer, Mr. Whitehouse, Mrs. Boxer, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportaion
January 26, 2012
Reported by Mr. Rockefeller without amendment
_______________________________________________________________________
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.
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 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 Web sites, 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.
Calendar No. 297
112th CONGRESS
2d Session
S. 50
[Report No. 112-131]
_______________________________________________________________________
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.
_______________________________________________________________________
January, 26, 2011
Reported without amendment