Sec. 3. Seafood identification
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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. The list maintained under paragraph
(1)shall— 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— which of those names may be used to identify seafood; and examples of names which constitute mislabeling in violation of Federal law; take into account taxonomy, international law and custom, market information, and naming precedence; identify names for seafood as appropriate only if the Secretary of Commerce determines the names are not likely to confuse or mislead consumers; and include information regarding any consumption advisory that has been issued for the seafood. The list maintained under paragraph
(1)shall be— made available to the public on the Web sites of the Department of Health and Human Services and the Department of Commerce; and updated annually based on the best available scientific and market information. 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). 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: 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: The acceptable market name and scientific name for the seafood species, as specified in the list maintained under subsection (a)(1). The date of the catch. The weight or number, as appropriate, of product for an individual fish or lot. 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. 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. 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— to anyone purchasing the seafood; and to any Federal, State, or local official authorized to conduct inspections of— seafood; or any facility that processes or sells 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. Subject to paragraphs
(3)and (4), all seafood imported or offered for import originating from an exporter shall be refused admission if— the Secretary of Commerce finds that any shipment of such seafood appears to be in violation of subsection (b); or 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. 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) ). 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. 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— 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 during the preceding 12 months, no shipment of seafood originating from the exporter has triggered the application of paragraph (1). 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. 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— 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 fraud. The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall— 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); ensure that the percentage of seafood shipments inspected during a given year is not lower than the percentage inspected during the previous year; and 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 ). 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 ).
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- Pub. L. 111-353
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