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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Imported Seafood 

5 Safety Standards Act’’. 

6 SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD. 

7 (a) IN GENERAL.—Chapter VIII of the Federal 

8 Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) 

9 is amended by adding at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1057 IH

1 ‘‘SEC. 810. SAFETY OF IMPORTED SEAFOOD. 

2 ‘‘(a) REQUIREMENT OF EQUIVALENCE.— 

3 ‘‘(1) STANDARDS FOR EXPORTING COUNTRY.— 

4 No seafood may be imported into the United States 

5 from a foreign country unless the Secretary certifies 

6 that the seafood imported from such country is 

7 maintained through a program using reliable analyt8 ical methods to ensure compliance with the United 

9 States standards for seafood manufacturing, proc10 essing, and holding. 

11 ‘‘(2) INSPECTION OF EXPORTING FACILITIES.— 

12 In accordance with the procedures described under 

13 section 704, officers and employees duly designated 

14 by the Secretary shall conduct not less than 1 in15 spection on an annual basis of each foreign facility 

16 that exports seafood to the United States to ensure 

17 that each such foreign facility maintains a program 

18 using reliable analytical methods to ensure compli19 ance with the United States standards for seafood 

20 manufacturing, processing, and holding. In addition 

21 to such annual inspection, such officers and employ22 ees shall conduct periodic follow-up inspections of 

23 such foreign facilities as determined necessary by 

24 the Secretary. 

25 ‘‘(b) MANDATORY TESTING.— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1057 IH

1 ‘‘(1) MINIMUM TESTING.—The Secretary shall 

2 inspect and test not less than 20 percent of all sea3 food imported or offered for import into the United 

4 States each year. 

5 ‘‘(2) NEW EXPORTERS.—Notwithstanding any 

6 other provision of this Act, the first 15 shipments of 

7 seafood imported or offered for import into the 

8 United States from an exporter shall be inspected 

9 and tested by the Secretary. 

10 ‘‘(3) FAILURE TO PASS INSPECTION.— 

11 ‘‘(A) ONE FAILURE.—If a shipment of sea12 food imported or offered for import into the 

13 United States by an exporter fails to meet an 

14 inspection or test requirement under this Act, 

15 each subsequent shipment of seafood from such 

16 exporter shall be inspected and tested by the 

17 Secretary, until 15 consecutive shipments by 

18 such exporter pass that inspection and testing. 

19 ‘‘(B) MULTIPLE FAILURES.— 

20 ‘‘(i) IN GENERAL.—If more than 3 

21 shipments of seafood imported or offered 

22 for import into the United States by an ex23 porter fail to meet inspection or test re24 quirements under this Act during any 1- 

25 year period, no shipments from such exVerDate Sep 11 2014 07:28 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1057.IH H1057

kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1057 IH

1 porter may be imported or offered for im2 port into the United States for the fol3 lowing 1-year period. Following such 1- 

4 year period when no shipments may be so 

5 imported or offered, such exporter shall 

6 not be permitted to offer imports to the 

7 United States unless the Secretary certifies 

8 that such exporter is maintaining a pro9 gram using reliable analytical methods to 

10 ensure compliance with the United States 

11 standards for seafood manufacturing, proc12 essing, and holding. 

13 ‘‘(ii) DETERMINATION BY SEC14 RETARY.—Shipments of seafood imported 

15 or offered for import into the United 

16 States by an exporter that has been sub17 ject to a 1-year suspension period and a 

18 certification under clause (i) shall be in19 spected at a rate determined appropriate 

20 by the Secretary for a period of time as de21 termined appropriate by the Secretary. 

22 ‘‘(C) PATTERN OF FAILURES.—If the Sec23 retary determines that shipments of seafood im24 ported or offered for import into the United 

25 States from a particular country repeatedly fail 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 1057 IH

1 to meet inspection or testing requirements 

2 under this Act, all shipments of seafood from 

3 such country shall be refused entry into the 

4 United States until the Secretary makes a cer5 tification described under subsection (a). 

6 ‘‘(D) PROCEDURES.—The testing and in7 spections procedures used under this paragraph 

8 shall be carried out in accordance with section 

9 801. 

10 ‘‘(4) FEES.—The Secretary shall by regulation 

11 impose such fees on exporters in such amounts as 

12 may be necessary to provide, equip, and maintain an 

13 adequate and efficient inspection service to carry out 

14 this subsection. Receipts from such fees shall be cov15 ered into the Treasury and shall be available to the 

16 Secretary for expenditures incurred in carrying out 

17 the purposes of this subsection, including expendi18 tures for salaries of additional inspectors when nec19 essary to supplement the number of inspectors for 

20 whose salaries Congress has appropriated. 

21 ‘‘(c) EFFECT OF SHIPMENTS THAT FAIL TO MEET

22 REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding section 

24 801, if a shipment of seafood imported or offered for 

25 import into the United States fails to meet safety 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 1057 IH

1 standards established by the Secretary, such ship2 ment shall be detained or destroyed unless the im3 ported shipment meets criteria for re-export, as de4 termined by the Secretary. 

5 ‘‘(2) LABELING.—If a shipment of seafood has 

6 been refused admission under paragraph (1), other 

7 than such a shipment that is required to be de8 stroyed, the Secretary shall require the owner or 

9 consignee of the shipment to affix to the container 

10 of the seafood a label that clearly and conspicuously 

11 bears the statement: ‘UNITED STATES: RE12 FUSED ENTRY’. 

13 ‘‘(3) EXPORTING TO FOREIGN COUNTRY.—If 

14 the appropriate authority of a foreign country noti15 fies the Secretary, not later than 45 days after the 

16 shipment is rejected under paragraph (1), that the 

17 shipment will be accepted in that country, such ship18 ment may be released to the importer for expor19 tation to such foreign country. 

20 ‘‘(4) DESTRUCTION OF SHIPMENT.—If the Sec21 retary deems that a shipment rejected under para22 graph (1), if it had been allowed entry, could have 

23 caused significant health risks if consumed by hu24 mans, the shipment shall be destroyed notwithVerDate Sep 11 2014 07:28 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1057.IH H1057

kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 1057 IH

1 standing the receipt of a notification under para2 graph (3). 

3 ‘‘(5) NOTIFICATION TO PORTS OF ENTRY.—The 

4 Secretary shall notify ports of entry not later than 

5 5 days after a shipment described in paragraph 

6 (1)— 

7 ‘‘(A) was determined to fail to meet safety 

8 standards established by the Secretary under 

9 such paragraph; or 

10 ‘‘(B) was detained or destroyed. 

11 ‘‘(d) PORTS OF ENTRY.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of this chapter, seafood may be imported 

14 or offered for import only at those ports of entry 

15 into the United States that have the personnel 

16 trained to conduct the applicable testing and inspec17 tion of seafood, as certified by the Secretary under 

18 paragraph (2). 

19 ‘‘(2) CERTIFICATION.—The Secretary shall cer20 tify which ports of entry into the United States have 

21 the personnel trained to conduct the applicable test22 ing and inspection of seafood. 

23 ‘‘(3) EFFECT OF CERTIFICATION REQUIRE24 MENT.—If a port of entry— 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 1057 IH

1 ‘‘(A) was, on the day before the date of en2 actment of this section, a port of entry that ac3 cepted seafood imported or offered for import 

4 into the United States; and 

5 ‘‘(B) does not meet the requirements for 

6 certification under paragraph (2), 

7 the Secretary shall, as soon as practicable after the 

8 date of enactment of this section, provide proper 

9 personnel levels and training to enable such port to 

10 be certified under paragraph (2). 

11 ‘‘(e) ANNUAL REPORT.—On an annual basis, the 

12 Secretary shall submit to Congress a report that describes 

13 the implementation of this section, including— 

14 ‘‘(1) summary data relating to inspections and 

15 testing under this section, and any noncompliance 

16 with the applicable provisions of this Act; and 

17 ‘‘(2) recommendations of any improvements or 

18 other modifications to this section determined nec19 essary by the Secretary.’’. 

20 (b) PROHIBITED ACT; PENALTIES.—Chapter III of 

21 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 

22 et seq.) is amended— 

23 (1) in section 301, by adding at the end the fol24 lowing: 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 1057 IH

1 ‘‘(ggg) Knowingly making a false statement with re2 spect to a test or inspection carried out under section 810, 

3 or knowingly misbranding any seafood imported under 

4 such section.’’; and 

5 (2) in section 303, by adding at the end the fol6 lowing: 

7 ‘‘(h)(1) Any person who violates section 301(ggg) 

8 shall be subject to a civil penalty in an amount not to 

9 exceed $250,000 for each such violation, and not to exceed 

10 $1,100,000 for all such violations after the second convic11 tion in any 3-year period. 

12 ‘‘(2) Paragraphs (5), (6), and (7) of subsection (f) 

13 shall apply to a civil penalty assessment under this sub14 section in the same manner as such paragraphs apply to 

15 a civil penalty assessment under subsection (f)(1).’’. 

16 SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPEC17 TIONS. 

18 Chapter VIII of the Federal Food, Drug, and Cos19 metic Act (21 U.S.C. 381 et seq.), as amended by section 

20 2, is further amended by adding at the end the following: 

21 ‘‘SEC. 810A. COOPERATION WITH STATES TO CONDUCT SEA22 FOOD INSPECTIONS. 

23 ‘‘(a) ESTABLISHMENT OF COOPERATIVE INSPECTION

24 PROGRAM.—The Secretary may establish a program 

25 under which a State may conduct inspection, testing, and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 1057 IH

1 certification of seafood imported or offered for import into 

2 the United States. 

3 ‘‘(b) COMPONENTS OF PROGRAM.—Under the pro4 gram established under subsection (a)— 

5 ‘‘(1) the Secretary shall— 

6 ‘‘(A) provide training to State officials to 

7 enable such officials to carry out inspection, 

8 testing, and certification, in accordance with 

9 Federal requirements and safety standards, of 

10 seafood imported or offered for import into the 

11 United States; and 

12 ‘‘(B) certify such State officials as author13 ized agents of the Federal Government to carry 

14 out such inspections, testing, and certification; 

15 and 

16 ‘‘(2) a State that receives a grant under sub17 section (c) shall— 

18 ‘‘(A) comply with all requirements of the 

19 Secretary with respect to the training and cer20 tification of State officials described under 

21 paragraph (1); 

22 ‘‘(B) inspect, test, and certify, in accord23 ance with Federal requirements and safety 

24 standards, seafood imported or offered for im25 port into the United States; and 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 1057 IH

1 ‘‘(C) carry out any other activities as de2 termined necessary by the Secretary to ensure 

3 the safety of seafood imported or offered for 

4 import into the United States. 

5 ‘‘(c) GRANTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall award 

7 grants to States to carry out the cooperative seafood 

8 inspection program established under subsection (a). 

9 ‘‘(2) APPLICATION.—To be eligible to receive a 

10 grant under paragraph (1), a State shall submit an 

11 application to the Secretary at such time, in such 

12 manner, and containing such information as the Sec13 retary may require.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS