Sec. 2. Seafood safety
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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— 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; maximize the effectiveness of limited personnel and resources by ensuring that— 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 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; create a process— 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; by which data collected by either of these agencies is shared to maximize efficiency and enforcement of seafood safety efforts; and which may include increased training of National Oceanic and Atmospheric Administration agents through the existing Food and Drug Administration programs; create a process by which— 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 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 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.
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. 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.
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— includes, by country, each exporter whose seafood is imported or offered for import into the United States; and for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood safety. 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).
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- Pub. L. 111-353
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