[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1057 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1057
To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety
of imported seafood.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2023
Mr. Higgins of Louisiana 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 Safety Standards
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) Requirement of Equivalence.--
``(1) Standards for exporting country.--No seafood may be
imported into the United States from a foreign country unless
the Secretary certifies that the seafood imported from such
country is maintained through a program using reliable
analytical methods to ensure compliance with the United States
standards for seafood manufacturing, processing, and holding.
``(2) Inspection of exporting facilities.--In accordance
with the procedures described under section 704, officers and
employees duly designated by the Secretary shall conduct not
less than 1 inspection on an annual basis of each foreign
facility that exports seafood to the United States to ensure
that each such foreign facility maintains a program using
reliable analytical methods to ensure compliance with the
United States standards for seafood manufacturing, processing,
and holding. In addition to such annual inspection, such
officers and employees shall conduct periodic follow-up
inspections of such foreign facilities as determined necessary
by the Secretary.
``(b) 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 under subsection (a).
``(D) Procedures.--The testing and inspections
procedures used under this paragraph shall be carried
out in accordance with section 801.
``(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, including
expenditures for salaries of additional inspectors when
necessary to supplement the number of inspectors for whose
salaries Congress has appropriated.
``(c) 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.
``(d) Ports of Entry.--
``(1) In general.--Notwithstanding any other provision of
this chapter, seafood may be imported or offered for import
only at those ports of entry into the United States that have
the personnel trained to conduct the applicable testing and
inspection of seafood, as certified by the Secretary under
paragraph (2).
``(2) Certification.--The Secretary shall certify which
ports of entry into the United States have the personnel
trained to conduct the applicable testing and inspection of
seafood.
``(3) Effect of certification requirement.--If a port of
entry--
``(A) was, on the day before the date of enactment
of this section, a port of entry that accepted seafood
imported or offered for import into the United States;
and
``(B) does not meet the requirements for
certification under paragraph (2),
the Secretary shall, as soon as practicable after the date of
enactment of this section, provide proper personnel levels and
training to enable such port to be certified under paragraph
(2).
``(e) Annual Report.--On an annual basis, the Secretary shall
submit to Congress a report that describes the implementation of this
section, including--
``(1) summary data relating to inspections and testing
under this section, and any noncompliance with the applicable
provisions of this Act; and
``(2) recommendations of any improvements or other
modifications to this section determined necessary by the
Secretary.''.
(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:
``(ggg) 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(ggg) shall be subject
to a civil penalty in an amount 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).''.
SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPECTIONS.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.), as amended by section 2, is further amended by adding at
the end the following:
``SEC. 810A. COOPERATION WITH STATES TO CONDUCT SEAFOOD INSPECTIONS.
``(a) Establishment of Cooperative Inspection Program.--The
Secretary may establish a program under which a State may conduct
inspection, testing, and certification of seafood imported or offered
for import into the United States.
``(b) Components of Program.--Under the program established under
subsection (a)--
``(1) the Secretary shall--
``(A) provide training to State officials to enable
such officials to carry out inspection, testing, and
certification, in accordance with Federal requirements
and safety standards, of seafood imported or offered
for import into the United States; and
``(B) certify such State officials as authorized
agents of the Federal Government to carry out such
inspections, testing, and certification; and
``(2) a State that receives a grant under subsection (c)
shall--
``(A) comply with all requirements of the Secretary
with respect to the training and certification of State
officials described under paragraph (1);
``(B) inspect, test, and certify, in accordance
with Federal requirements and safety standards, seafood
imported or offered for import into the United States;
and
``(C) carry out any other activities as determined
necessary by the Secretary to ensure the safety of
seafood imported or offered for import into the United
States.
``(c) Grants.--
``(1) In general.--The Secretary shall award grants to
States to carry out the cooperative seafood inspection program
established under subsection (a).
``(2) Application.--To be eligible to receive a grant under
paragraph (1), a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.''.
<all>