H.R. 3108House115th Congress (2017-2019)In Committee

Protecting Honest Fishermen Act of 2017

Introduced June 29, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:03 PM UTC

The Protecting Honest Fishermen Act of 2017 aims to improve federal consumer protection and traceability for commercially marketed seafood. It requires detailed labeling and record‑keeping for both imported and domestic seafood, creates public lists of exporters with violations, and expands inspection and enforcement authority. The bill also gives states the ability to sue for seafood fraud and clarifies that it does not limit existing food‑safety laws.

Key Provisions

  • The NOAA administrator must coordinate seafood inspection outreach with the national sea grant college program for states, local health agencies, consumers, and the industry.
  • The HHS Secretary, with the Commerce Secretary, must maintain a public list of foreign seafood exporters and track any violations of federal seafood‑safety laws.
  • By the end of 2018, the Commerce Secretary must require detailed traceability information on seafood packaging, including species name, scientific name, wild‑caught or farm‑raised status, country and location of cultivation, gear type, catch date, and weight or count.
  • Labeling must also disclose whether the product was previously frozen, treated with substances that affect weight, or landed/harvested in a different country than where it was processed.
  • Importers, processors, distributors, or retailers can avoid liability for unknowingly mislabeled seafood if they can provide the required traceability documentation.
  • If a shipment appears to violate the Act, the Commerce or HHS Secretary can refuse admission; exporters with prior violations may be required to provide certification or other assurance for future shipments.
  • The Commerce Secretary must increase inspections for seafood fraud, keep inspection percentages from dropping year‑to‑year, and share fraud‑related data with HHS for food‑safety enforcement.
  • States may bring civil actions to stop seafood fraud, recover losses, or seek $10,000 per violation (up to three times for willful violations).
  • The Act does not preempt state laws that are consistent with its requirements, and it references many existing federal statutes and regulations that remain applicable.

Legislative Activity

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5 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Water, Power and Oceans.

August 9, 2017

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HouseIntro Referral

Introduced in House

June 29, 2017

HouseIntro Referral

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.

June 29, 2017

HouseCommittee

Referred to the Subcommittee on Health.

June 30, 2017

HouseCommittee

Referred to the Subcommittee on Trade.

July 17, 2017

HouseCommittee

Referred to the Subcommittee on Livestock and Foreign Agriculture.

July 24, 2017

HouseCommittee

Referred to the Subcommittee on Water, Power and Oceans.

August 9, 2017

Floor Debate

2 members

What members said about H.R. 3108 on the floor

1 Republican1 Democrat
Liz Cheney
Rep. Liz CheneyR-WY · Jul 28, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 481 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Jul 28, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentlewoman from Wyoming (Ms. Cheney) for yielding me the customary 30 minutes for debate, and I rise to debate the…

Bill Text

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Introduced in HouseIssued June 29, 2017

I

115th CONGRESS

1st Session

H. R. 3108

IN THE HOUSE OF REPRESENTATIVES

June 29, 2017

Mr. Farenthold (for himself, Mr. Palazzo, and Mr. Lowenthal) 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.

1.

Short title

This Act may be cited as the Protecting Honest Fishermen Act of 2017.

2.

Seafood safety

(a)

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, local health agencies, 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 detection and prevention.

(b)

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 website 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.

(c)

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).

3.

Seafood identification

(a)

In general

Beginning not later than the end of calendar year 2018, the Secretary of Commerce, in consultation with the Secretaries of Health and Human Services and Homeland Security, 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)

Traceability

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, and 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)
(i)

The acceptable market name (as determined by the Food and Drug Administration) for the seafood species; and

(ii)

the scientific name or the common name for the seafood species.

(B)

Whether the seafood was harvested wild or was farm-raised.

(C)

If the seafood was farm-raised, information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation.

(D)

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.

(E)

The date of the catch.

(F)

The weight or number, as appropriate, of product for an individual fish or lot.

(2)

Other labeling requirements

The following information shall be included in the labeling of seafood through processing, distribution, and final sale:

(A)

Whether the seafood was previously frozen.

(B)

Whether the seafood was treated with any substance (other than ice or water) that may affect the true weight of the seafood.

(C)

Whether the seafood was landed or harvested in a country other than that in which it was processed.

(3)

Exception for previously mislabeled seafood

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.

(4)

Alternative means of disclosure for certain categories of information

(A)

In general

Notwithstanding paragraphs (1) and (2), instead of including any category of information described in subparagraph (B) in the packaging or labeling of seafood, an importer, processor, distributor, or retailer (including a restaurant) may, with respect to such category, choose to satisfy the requirements of this paragraph by making the information available upon request to any Federal, State, or local official authorized to conduct inspections of—

(i)

seafood; or

(ii)

any facility that processes or sells seafood.

(B)

Categories

The categories of information described in this subparagraph are—

(i)

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));

(ii)

if the seafood was farm-raised, the location of the aquaculture production area, and the method of cultivation;

(iii)

the date of the catch; and

(iv)

the weight or number, as appropriate, of product for an individual fish or lot.

(5)

Domestic fishermen

Disclosure of data pursuant to section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging in fishing on a vessel of the United States (as that term is used in that Act) is deemed to be in compliance by such person with the requirements implemented under paragraphs (1) and (2).

(b)

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 (a); 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 (a) 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 (a) 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).

(c)

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.

(d)

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 website 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.

(e)

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 (a)(1);

(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).

(f)

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).

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 (a) or (b) 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.

5.

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.

6.

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 finfish, shellfish, processed fish, and all other forms of marine animal and plant life other than marine mammals and birds.

(3)

The term seafood fraud means the mislabeling or misrepresentation of the information required under this Act or other applicable Federal laws and regulations.