What This Bill Does
This bill amends federal food and drug law to create stronger safety requirements for seafood imported into the United States. The bill requires the Secretary (the head of the federal agency responsible for food safety) to certify that imported seafood meets U.S. safety standards and to inspect foreign seafood facilities and imported shipments regularly.
Who It Affects
- Foreign countries that export seafood to the United States
- Foreign seafood facilities (processing plants and suppliers)
- Seafood exporters and importers
- U.S. ports of entry that accept seafood shipments
- State governments that choose to participate in seafood inspections
- The federal agency responsible for food safety
Key Provisions
- The Secretary must certify that seafood from each foreign country uses reliable testing methods to meet U.S. standards before any seafood from that country can be imported (Sec. 810(a)(1))
- The Secretary must inspect each foreign seafood facility at least once per year, plus conduct additional inspections when necessary (Sec. 810(a)(2))
- The Secretary must inspect and test at least 20 percent of all seafood imported into the United States each year (Sec. 810(b)(1))
- All first 15 shipments from new seafood exporters must be inspected and tested (Sec. 810(b)(2))
- If a shipment fails inspection, all later shipments from that exporter must be inspected and tested until 15 consecutive shipments pass (Sec. 810(b)(3)(A))
- If more than 3 shipments from an exporter fail inspection in any one-year period, that exporter is banned from importing seafood for the following year (Sec. 810(b)(3)(B)(i))
- If a country's seafood repeatedly fails inspection, all shipments from that country are refused entry until the Secretary certifies the country meets safety standards (Sec. 810(b)(3)(C))
- Seafood that fails safety standards must be detained or destroyed unless it meets criteria for re-export (Sec. 810(c)(1))
- Seafood can only be imported through ports of entry that have trained personnel certified by the Secretary to test and inspect seafood (Sec. 810(d))
- States may establish cooperative programs to conduct seafood inspections, testing and certification with federal training and grants (Sec. 810A)
What Changes
If this bill becomes law, foreign countries must prove their seafood meets U.S. standards before exporting to America. The federal government will conduct more frequent inspections of imported seafood and foreign facilities. Seafood that fails safety tests will be stopped at the border or destroyed. Exporters with repeated failures face import bans. Ports of entry must have trained inspectors before accepting seafood. States can now participate in federal seafood inspection programs with federal funding and support.
Important Definitions
None defined in bill text
Effective Date
Not specified in bill text
I
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Imported Seafood
4
Safety Standards Act’’.
5
SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD.
6
(a) IN GENERAL.—Chapter VIII of the Federal
7
Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.)
8
is amended by adding at the end the following:
9
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‘‘SEC. 810. SAFETY OF IMPORTED SEAFOOD.
1
‘‘(a) REQUIREMENT OF EQUIVALENCE.—
2
‘‘(1) STANDARDS FOR EXPORTING COUNTRY.—
3
No seafood may be imported into the United States
4
from a foreign country unless the Secretary certifies
5
that the seafood imported from such country is
6
maintained through a program using reliable analyt-
7
ical methods to ensure compliance with the United
8
States standards for seafood manufacturing, proc-
9
essing, and holding.
10
‘‘(2) INSPECTION OF EXPORTING FACILITIES.—
11
In accordance with the procedures described under
12
section 704, officers and employees duly designated
13
by the Secretary shall conduct not less than 1 in-
14
spection on an annual basis of each foreign facility
15
that exports seafood to the United States to ensure
16
that each such foreign facility maintains a program
17
using reliable analytical methods to ensure compli-
18
ance with the United States standards for seafood
19
manufacturing, processing, and holding. In addition
20
to such annual inspection, such officers and employ-
21
ees shall conduct periodic follow-up inspections of
22
such foreign facilities as determined necessary by
23
the Secretary.
24
‘‘(b) MANDATORY TESTING.—
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‘‘(1) MINIMUM TESTING.—The Secretary shall
1
inspect and test not less than 20 percent of all sea-
2
food imported or offered for import into the United
3
States each year.
4
‘‘(2) NEW EXPORTERS.—Notwithstanding any
5
other provision of this Act, the first 15 shipments of
6
seafood imported or offered for import into the
7
United States from an exporter shall be inspected
8
and tested by the Secretary.
9
‘‘(3) FAILURE TO PASS INSPECTION.—
10
‘‘(A) ONE FAILURE.—If a shipment of sea-
11
food imported or offered for import into the
12
United States by an exporter fails to meet an
13
inspection or test requirement under this Act,
14
each subsequent shipment of seafood from such
15
exporter shall be inspected and tested by the
16
Secretary, until 15 consecutive shipments by
17
such exporter pass that inspection and testing.
18
‘‘(B) MULTIPLE FAILURES.—
19
‘‘(i) IN
GENERAL.—If more than 3
20
shipments of seafood imported or offered
21
for import into the United States by an ex-
22
porter fail to meet inspection or test re-
23
quirements under this Act during any 1-
24
year period, no shipments from such ex-
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•HR 1057 IH
porter may be imported or offered for im-
1
port into the United States for the fol-
2
lowing 1-year period. Following such 1-
3
year period when no shipments may be so
4
imported or offered, such exporter shall
5
not be permitted to offer imports to the
6
United States unless the Secretary certifies
7
that such exporter is maintaining a pro-
8
gram using reliable analytical methods to
9
ensure compliance with the United States
10
standards for seafood manufacturing, proc-
11
essing, and holding.
12
‘‘(ii)
DETERMINATION
BY
SEC-
13
RETARY.—Shipments of seafood imported
14
or offered for import into the United
15
States by an exporter that has been sub-
16
ject to a 1-year suspension period and a
17
certification under clause (i) shall be in-
18
spected at a rate determined appropriate
19
by the Secretary for a period of time as de-
20
termined appropriate by the Secretary.
21
‘‘(C) PATTERN OF FAILURES.—If the Sec-
22
retary determines that shipments of seafood im-
23
ported or offered for import into the United
24
States from a particular country repeatedly fail
25
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to meet inspection or testing requirements
1
under this Act, all shipments of seafood from
2
such country shall be refused entry into the
3
United States until the Secretary makes a cer-
4
tification described under subsection (a).
5
‘‘(D) PROCEDURES.—The testing and in-
6
spections procedures used under this paragraph
7
shall be carried out in accordance with section
8
801.
9
‘‘(4) FEES.—The Secretary shall by regulation
10
impose such fees on exporters in such amounts as
11
may be necessary to provide, equip, and maintain an
12
adequate and efficient inspection service to carry out
13
this subsection. Receipts from such fees shall be cov-
14
ered into the Treasury and shall be available to the
15
Secretary for expenditures incurred in carrying out
16
the purposes of this subsection, including expendi-
17
tures for salaries of additional inspectors when nec-
18
essary to supplement the number of inspectors for
19
whose salaries Congress has appropriated.
20
‘‘(c) EFFECT OF SHIPMENTS THAT FAIL TO MEET
21
REQUIREMENTS.—
22
‘‘(1) IN
GENERAL.—Notwithstanding section
23
801, if a shipment of seafood imported or offered for
24
import into the United States fails to meet safety
25
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•HR 1057 IH
standards established by the Secretary, such ship-
1
ment shall be detained or destroyed unless the im-
2
ported shipment meets criteria for re-export, as de-
3
termined by the Secretary.
4
‘‘(2) LABELING.—If a shipment of seafood has
5
been refused admission under paragraph (1), other
6
than such a shipment that is required to be de-
7
stroyed, the Secretary shall require the owner or
8
consignee of the shipment to affix to the container
9
of the seafood a label that clearly and conspicuously
10
bears the statement: ‘UNITED STATES: RE-
11
FUSED ENTRY’.
12
‘‘(3) EXPORTING
TO
FOREIGN
COUNTRY.—If
13
the appropriate authority of a foreign country noti-
14
fies the Secretary, not later than 45 days after the
15
shipment is rejected under paragraph (1), that the
16
shipment will be accepted in that country, such ship-
17
ment may be released to the importer for expor-
18
tation to such foreign country.
19
‘‘(4) DESTRUCTION OF SHIPMENT.—If the Sec-
20
retary deems that a shipment rejected under para-
21
graph (1), if it had been allowed entry, could have
22
caused significant health risks if consumed by hu-
23
mans, the shipment shall be destroyed notwith-
24
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•HR 1057 IH
standing the receipt of a notification under para-
1
graph (3).
2
‘‘(5) NOTIFICATION TO PORTS OF ENTRY.—The
3
Secretary shall notify ports of entry not later than
4
5 days after a shipment described in paragraph
5
(1)—
6
‘‘(A) was determined to fail to meet safety
7
standards established by the Secretary under
8
such paragraph; or
9
‘‘(B) was detained or destroyed.
10
‘‘(d) PORTS OF ENTRY.—
11
‘‘(1) IN GENERAL.—Notwithstanding any other
12
provision of this chapter, seafood may be imported
13
or offered for import only at those ports of entry
14
into the United States that have the personnel
15
trained to conduct the applicable testing and inspec-
16
tion of seafood, as certified by the Secretary under
17
paragraph (2).
18
‘‘(2) CERTIFICATION.—The Secretary shall cer-
19
tify which ports of entry into the United States have
20
the personnel trained to conduct the applicable test-
21
ing and inspection of seafood.
22
‘‘(3) EFFECT
OF
CERTIFICATION
REQUIRE-
23
MENT.—If a port of entry—
24
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•HR 1057 IH
‘‘(A) was, on the day before the date of en-
1
actment of this section, a port of entry that ac-
2
cepted seafood imported or offered for import
3
into the United States; and
4
‘‘(B) does not meet the requirements for
5
certification under paragraph (2),
6
the Secretary shall, as soon as practicable after the
7
date of enactment of this section, provide proper
8
personnel levels and training to enable such port to
9
be certified under paragraph (2).
10
‘‘(e) ANNUAL REPORT.—On an annual basis, the
11
Secretary shall submit to Congress a report that describes
12
the implementation of this section, including—
13
‘‘(1) summary data relating to inspections and
14
testing under this section, and any noncompliance
15
with the applicable provisions of this Act; and
16
‘‘(2) recommendations of any improvements or
17
other modifications to this section determined nec-
18
essary by the Secretary.’’.
19
(b) PROHIBITED ACT; PENALTIES.—Chapter III of
20
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331
21
et seq.) is amended—
22
(1) in section 301, by adding at the end the fol-
23
lowing:
24
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‘‘(ggg) Knowingly making a false statement with re-
1
spect to a test or inspection carried out under section 810,
2
or knowingly misbranding any seafood imported under
3
such section.’’; and
4
(2) in section 303, by adding at the end the fol-
5
lowing:
6
‘‘(h)(1) Any person who violates section 301(ggg)
7
shall be subject to a civil penalty in an amount not to
8
exceed $250,000 for each such violation, and not to exceed
9
$1,100,000 for all such violations after the second convic-
10
tion in any 3-year period.
11
‘‘(2) Paragraphs (5), (6), and (7) of subsection (f)
12
shall apply to a civil penalty assessment under this sub-
13
section in the same manner as such paragraphs apply to
14
a civil penalty assessment under subsection (f)(1).’’.
15
SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPEC-
16
TIONS.
17
Chapter VIII of the Federal Food, Drug, and Cos-
18
metic Act (21 U.S.C. 381 et seq.), as amended by section
19
2, is further amended by adding at the end the following:
20
‘‘SEC. 810A. COOPERATION WITH STATES TO CONDUCT SEA-
21
FOOD INSPECTIONS.
22
‘‘(a) ESTABLISHMENT OF COOPERATIVE INSPECTION
23
PROGRAM.—The Secretary may establish a program
24
under which a State may conduct inspection, testing, and
25
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•HR 1057 IH
certification of seafood imported or offered for import into
1
the United States.
2
‘‘(b) COMPONENTS OF PROGRAM.—Under the pro-
3
gram established under subsection (a)—
4
‘‘(1) the Secretary shall—
5
‘‘(A) provide training to State officials to
6
enable such officials to carry out inspection,
7
testing, and certification, in accordance with
8
Federal requirements and safety standards, of
9
seafood imported or offered for import into the
10
United States; and
11
‘‘(B) certify such State officials as author-
12
ized agents of the Federal Government to carry
13
out such inspections, testing, and certification;
14
and
15
‘‘(2) a State that receives a grant under sub-
16
section (c) shall—
17
‘‘(A) comply with all requirements of the
18
Secretary with respect to the training and cer-
19
tification of State officials described under
20
paragraph (1);
21
‘‘(B) inspect, test, and certify, in accord-
22
ance with Federal requirements and safety
23
standards, seafood imported or offered for im-
24
port into the United States; and
25
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•HR 1057 IH
‘‘(C) carry out any other activities as de-
1
termined necessary by the Secretary to ensure
2
the safety of seafood imported or offered for
3
import into the United States.
4
‘‘(c) GRANTS.—
5
‘‘(1) IN GENERAL.—The Secretary shall award
6
grants to States to carry out the cooperative seafood
7
inspection program established under subsection (a).
8
‘‘(2) APPLICATION.—To be eligible to receive a
9
grant under paragraph (1), a State shall submit an
10
application to the Secretary at such time, in such
11
manner, and containing such information as the Sec-
12
retary may require.’’.
13
Æ
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