Sec. 203. Federal enforcement
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The Secretary of Commerce shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 307 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1857 ) was 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 and illegal, unreported, or unregulated fishing.
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 audited or inspected for seafood fraud and illegal, unreported, or unregulated fishing by National Oceanic and Atmospheric Administration auditors and authorized officers, including verification of compliance with the traceability requirements of section 104(a); conduct audits and inspections, as resources allow, at a sufficient level to promote compliance and deterrence; 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 ).
Not later than one year after the date of enactment of this Act, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Health and Human Services shall jointly execute a memorandum of understanding to codify and improve interagency cooperation on seafood safety, preventing illegal, unreported, or unregulated fishing and human trafficking, including forced labor, and seafood fraud prevention, enforcement, and inspections. The memorandum of understanding required by paragraph
(1)shall include provisions, performance metrics, and timelines as the Secretaries consider appropriate to improve such cooperation described in such paragraph (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; to identify and execute specific procedures for interagency cooperation on— interagency resource and information sharing; use and development of forensic tools including means to fill existing gaps in capabilities and eliminate duplication; and development of specific forensic analysis information required by each agency to promote effective enforcement actions; to 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 with respect to seafood 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; to create a process— by which data collected by all seafood inspectors and officers of the National Oceanic and Atmospheric Administration and U.S. Customs and Border Protection authorized to conduct inspections of seafood shipments or facilities that process or sell seafood, or authorized officers that conduct analysis of seafood import information, will be used for risk-based screening of seafood shipments, including food safety, adulteration and misbranding, by the Food and Drug Administration beginning not later than one year after the date of enactment of this Act; and by which data collected by the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, the Department of Labor, the Department of State, and the Food and Drug Administration is shared to maximize efficiency and enforcement of seafood safety, fraud prevention, and prohibitions on illegal, unreported, or unregulated fishing; to 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, or data from import analysts, will be used by the Food and Drug Administration for risk-based screening of seafood shipments; and data collected by such inspectors and officials is shared with the National Oceanic and Atmospheric Administration, U.S. Customs and Border Protection, Department of Labor, and the Food and Drug Administration to maximize efficiency and enforcement of seafood safety and fraud prevention; and to ensure that officers and employees of the National Oceanic and Atmospheric Administration are utilized by the Secretary of Health and Human Services as third-party auditors pursuant to section 808 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384d ) to carry out seafood examinations and investigations under chapter VIII of such Act.
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- Pub. L. 111-353
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