Sec. 3. Seafood identification
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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. 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:
The acceptable market name (as determined by the Food and Drug Administration) for the seafood species; and the scientific name or the common name for the seafood species. Whether the seafood was harvested wild or was farm-raised. If the seafood was farm-raised, information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation. 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.
The date of the catch. The weight or number, as appropriate, of product for an individual fish or lot. The following information shall be included in the labeling of seafood through processing, distribution, and final sale: Whether the seafood was previously frozen. Whether the seafood was treated with any substance (other than ice or water) that may affect the true weight of the seafood. Whether the seafood was landed or harvested in a country other than that in which it was processed.
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. 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— seafood; or any facility that processes or sells seafood. The categories of information described in this subparagraph are— 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) ); if the seafood was farm-raised, the location of the aquaculture production area, and the method of cultivation; the date of the catch; and the weight or number, as appropriate, of product for an individual fish or lot. 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). 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 (a); 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
(a)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
(a)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 website 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 (a)(1); 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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