[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2182 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2182
To amend the Agricultural Marketing Act of 1946 to establish a label
designating fish harvested in the United States exclusive economic zone
or navigable waters as wild USA seafood, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
June 22, 2023
Ms. Murkowski (for herself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
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A BILL
To amend the Agricultural Marketing Act of 1946 to establish a label
designating fish harvested in the United States exclusive economic zone
or navigable waters as wild USA seafood, and for other purposes.
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 Wild USA Seafood Act of 2023.
SEC. 2. WILD USA SEAFOOD LABEL.
Title II of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621
et seq.) is amended by adding at the end the following:
``Subtitle H--Wild USA Seafood Label
``SEC. 298A. DEFINITIONS.
``In this subtitle:
``(1) Fish.--The term `fish' means finfish, mollusks,
crustaceans, and all other forms of aquatic animal and plant
life other than aquatic mammals and birds.
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 298B. WILD USA SEAFOOD LABEL.
``(a) In General.--A retailer of fish or person engaged in the
business of supplying fish to a retailer may label the fish as `wild
USA seafood', `wild American seafood', or any equivalent designation
only if--
``(1) the fish is naturally born in the wild or hatchery-
originated fish released in the wild;
``(2) the fish is caught, taken, or harvested from--
``(A) waters within the exclusive economic zone (as
defined in section 107 of title 46, United States
Code); or
``(B) navigable waters (as defined in section 502
of the Federal Water Pollution Control Act (33 U.S.C.
1362)); and
``(3) if the fish is caught, taken, or harvested by a
vessel, such vessel is a vessel of the United States (as
defined in section 3 of the Magnuson-Stevens Fisheries
Conservation and Management Act (16 U.S.C. 1802)).
``(b) Method of Notification.--
``(1) In general.--The information described in subsection
(a) may be provided to consumers by means of a label, stamp,
mark, placard, or other clear and visible sign on the fish or
on the package, display, holding unit, or bin containing the
fish at the final point of sale to consumers.
``(2) Labeled commodities.--If fish is already individually
labeled for retail sale with the label described in subsection
(a), the retailer shall not be required to provide any
additional information to comply with this section.
``SEC. 298C. ENFORCEMENT.
``(a) Warnings.--If the Secretary determines that a retailer of
fish or person engaged in the business of supplying fish to a retailer
is in violation of section 298B, the Secretary shall--
``(1) notify the retailer or person of the determination of
the Secretary; and
``(2) provide the retailer or person a 30-day period,
beginning on the date on which the retailer or person receives
the notice under paragraph (1) from the Secretary, during which
the retailer or person may take necessary steps to comply with
section 298B.
``(b) Fines.--
``(1) In general.--The Secretary may fine a retailer or
person under paragraph (2) for an unfair or deceptive act or
practice if, on completion of the 30-day period described in
subsection (a)(2), the Secretary determines that the retailer
or person--
``(A) has not made a good faith effort to comply
with section 298B; and
``(B) continues to willfully violate section 298B
with respect to the violation about which the retailer
or person received notification under subsection
(a)(1).
``(2) Notice and hearing; amount.--After providing notice
and an opportunity for a hearing before the Secretary with
respect to the violation described in paragraph (1), the
Secretary may fine the retailer or person in an amount of not
more than $10,000 for each violation.
``SEC. 298D. REGULATIONS.
``The Secretary may promulgate such regulations as are necessary to
implement this subtitle and verify compliance with section 298B(a).''.
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