[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1236 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1236
To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety
of imported seafood.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2021
Mr. Higgins of Louisiana (for himself and Mr. Krishnamoorthi)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety
of imported seafood.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imported Seafood Testing Act''.
SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following:
``SEC. 810. SAFETY OF IMPORTED SEAFOOD.
``(a) Mandatory Testing.--
``(1) Minimum testing.--The Secretary shall inspect and
test not less than 20 percent of all seafood imported or
offered for import into the United States each year.
``(2) New exporters.--Notwithstanding any other provision
of this Act, the first 15 shipments of seafood imported or
offered for import into the United States from an exporter
shall be inspected and tested by the Secretary.
``(3) Failure to pass inspection.--
``(A) One failure.--If a shipment of seafood
imported or offered for import into the United States
by an exporter fails to meet an inspection or test
requirement under this Act, each subsequent shipment of
seafood from such exporter shall be inspected and
tested by the Secretary, until 15 consecutive shipments
by such exporter pass that inspection and testing.
``(B) Multiple failures.--
``(i) In general.--If more than 3 shipments
of seafood imported or offered for import into
the United States by an exporter fail to meet
inspection or test requirements under this Act
during any 1-year period, no shipments from
such exporter may be imported or offered for
import into the United States for the following
1-year period. Following such 1-year period
when no shipments may be so imported or
offered, such exporter shall not be permitted
to offer imports to the United States unless
the Secretary certifies that such exporter is
maintaining a program using reliable analytical
methods to ensure compliance with the United
States standards for seafood manufacturing,
processing, and holding.
``(ii) Determination by secretary.--
Shipments of seafood imported or offered for
import into the United States by an exporter
that has been subject to a 1-year suspension
period and a certification under clause (i)
shall be inspected at a rate determined
appropriate by the Secretary for a period of
time as determined appropriate by the
Secretary.
``(C) Pattern of failures.--If the Secretary
determines that shipments of seafood imported or
offered for import into the United States from a
particular country repeatedly fail to meet inspection
or testing requirements under this Act, all shipments
of seafood from such country shall be refused entry
into the United States until the Secretary makes a
certification described in subparagraph (B)(i).
``(4) Fees.--The Secretary shall by regulation impose such
fees on exporters in such amounts as may be necessary to
provide, equip, and maintain an adequate and efficient
inspection service to carry out this subsection. Receipts from
such fees shall be covered into the Treasury and shall be
available to the Secretary for expenditures incurred in
carrying out the purposes of this subsection.
``(b) Effect of Shipments That Fail To Meet Requirements.--
``(1) In general.--Notwithstanding section 801, if a
shipment of seafood imported or offered for import into the
United States fails to meet safety standards established by the
Secretary, such shipment shall be detained or destroyed unless
the imported shipment meets criteria for re-export, as
determined by the Secretary.
``(2) Labeling.--If a shipment of seafood has been refused
admission under paragraph (1), other than such a shipment that
is required to be destroyed, the Secretary shall require the
owner or consignee of the shipment to affix to the container of
the seafood a label that clearly and conspicuously bears the
statement: `UNITED STATES: REFUSED ENTRY'.
``(3) Exporting to foreign country.--If the appropriate
authority of a foreign country notifies the Secretary, not
later than 45 days after the shipment is rejected under
paragraph (1), that the shipment will be accepted in that
country, such shipment may be released to the importer for
exportation to such foreign country.
``(4) Destruction of shipment.--If the Secretary deems that
a shipment rejected under paragraph (1), if it had been allowed
entry, could have caused significant health risks if consumed
by humans, the shipment shall be destroyed, notwithstanding the
receipt of a notification under paragraph (3).
``(5) Notification to ports of entry.--The Secretary shall
notify ports of entry not later than 5 days after a shipment
described in paragraph (1)--
``(A) was determined to fail to meet safety
standards established by the Secretary under such
paragraph; or
``(B) was detained or destroyed.
``(c) Reporting.--The Secretary shall maintain a public webpage on
the website of the Food and Drug Administration tracking all shipments
that are detained or destroyed, and the status of any importing
countries failing to meet minimum standards.''.
(b) Prohibited Act; Penalties.--Chapter III of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended--
(1) in section 301, by adding at the end the following:
``(fff) Knowingly making a false statement with respect to a test
or inspection carried out under section 810, or knowingly misbranding
any seafood imported under such section.''; and
(2) in section 303, by adding at the end the following:
``(h)(1) Any person who violates section 301(fff) shall be subject
to a civil penalty in an amount not to exceed $250,000 for each such
violation, and not to exceed $250,000 for each such violation and not
to exceed $1,100,000 for all such violations after the second
conviction in any 3-year period.
``(2) Paragraphs (5), (6), and (7) of subsection (f) shall apply to
a civil penalty assessment under this subsection in the same manner as
such paragraphs apply to a civil penalty assessment under subsection
(f)(1).''.
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