II 

113TH CONGRESS 

1ST SESSION S. 520 

To strengthen Federal consumer protection and product traceability with 

respect to commercially marketed seafood, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2013 

Mr. BEGICH (for himself and Mrs. BOXER) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To strengthen Federal consumer protection and product 

traceability with respect to commercially marketed seafood, and for other purposes. 

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 ‘‘Safety And Fraud En5 forcement for Seafood Act’’. 

6 SEC. 2. SEAFOOD SAFETY. 

7 (a) INTERAGENCY AGREEMENT.—Not later than 180 

8 days after the date of the enactment of this Act, the Sec9 retary of Commerce and the Secretary of Health and 


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1 Human Services shall execute a memorandum of under2 standing to improve interagency cooperation on seafood 

3 safety and seafood fraud prevention, building upon any 

4 agreement under section 421(c) of the Federal Food, 

5 Drug, and Cosmetic Act (21 U.S.C. 350j(c)), or any other 

6 prior agreement. The memorandum shall include provi7 sions, performance metrics, and timelines as appropriate 

8 to improve such cooperation (acting under provisions of 

9 law other than this subsection) to— 

10 (1) identify and execute specific procedures for 

11 using authorities granted under the FDA Food Safe12 ty Modernization Act (Public Law 111–353) to en13 sure and improve the safety of commercially mar14 keted seafood in the United States; 

15 (2) maximize the effectiveness of limited per16 sonnel and resources by ensuring that— 

17 (A) inspections of seafood shipments and 

18 seafood processing and production facilities by 

19 the National Oceanic and Atmospheric Admin20 istration and the Food and Drug Administra21 tion are not duplicative; and 

22 (B) information resulting from examina23 tions, testing, and inspections conducted by the 

24 Department of Commerce is considered in mak25 ing risk-based determinations, including the esVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S520.IS S520

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1 tablishment of inspection priorities for domestic 

2 and foreign facilities and the examination and 

3 testing of domestic and imported seafood; 

4 (3) create a process— 

5 (A) by which data collected by all seafood 

6 inspectors and authorized officers of the Na7 tional Oceanic and Atmospheric Administration 

8 authorized to conduct inspections of seafood 

9 shipments, or inspections of facilities that proc10 ess or sell seafood, will be utilized by the Food 

11 and Drug Administration beginning no later 

12 than one year after the enactment of this Act; 

13 (B) by which data collected by either of 

14 these agencies is shared to maximize efficiency 

15 and enforcement of seafood safety efforts; and 

16 (C) which may include increased training 

17 of National Oceanic and Atmospheric Adminis18 tration agents through the existing Food and 

19 Drug Administration programs; 

20 (4) create a process by which— 

21 (A) data collected by inspectors and offi22 cers of other Federal, State, or local agencies 

23 authorized to conduct inspections of seafood, or 

24 inspections of facilities that process or sell seaVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S520.IS S520

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1 food, will be utilized by the Food and Drug Ad2 ministration; and 

3 (B) data collected by these inspectors and 

4 officials is shared with the National Oceanic 

5 and Atmospheric Administration and the Food 

6 and Drug Administration to maximize efficiency 

7 and enforcement of seafood safety efforts; and 

8 (5) ensure that the National Oceanic and At9 mospheric Administration’s Seafood Inspection Pro10 gram is fully utilized as a third-party auditor pursu11 ant to section 808 of the Federal Food, Drug, and 

12 Cosmetic Act (21 U.S.C. 384d) to inspect imported 

13 seafood or seafood offered for import originating 

14 from any country or exporter. 

15 (b) COORDINATION.— 

16 (1) NATIONAL SEA GRANT COLLEGE PRO17 GRAM.—The Administrator of the National Oceanic 

18 and Atmospheric Administration shall ensure that 

19 the Administration’s seafood inspection activities are 

20 coordinated with the national sea grant college pro21 gram to provide outreach to the States, consumers, 

22 and the seafood industry on seafood safety. 

23 (2) INSPECTING TO PREVENT SEAFOOD

24 FRAUD.—The Secretary of Commerce and the Sec25 retary of Health and Human Services shall, to the 


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1 maximum extent practicable, ensure that inspections 

2 and tests for seafood safety also collect information 

3 for seafood fraud prevention. 

4 (c) LIST OF OFFENDERS.—The Secretary of Health 

5 and Human Services, in consultation with the Secretary 

6 of Commerce, shall develop, maintain, and post on the 

7 public Web site of the Department of Health and Human 

8 Services a list that— 

9 (1) includes, by country, each exporter whose 

10 seafood is imported or offered for import into the 

11 United States; and 

12 (2) for each such exporter, tracks the timing, 

13 type, and frequency of violations of Federal law re14 lating to seafood safety. 

15 (d) IMPACT ON EXISTING FOOD SAFETY AUTHOR16 ITY.—Nothing in this section limits the authority of the 

17 Secretary of Health and Human Services to execute or 

18 enforce food safety laws, including the FDA Food Safety 

19 Modernization Act (Public Law 111–353). 

20 SEC. 3. SEAFOOD IDENTIFICATION. 

21 (a) LIST OF STANDARDIZED NAMES FOR SEA22 FOOD.— 

23 (1) UPDATE.—Beginning not later than 180 

24 days after the date of the enactment of this Act, the 

25 Secretary of Health and Human Services, in conVerDate Mar 15 2010 04:20 Mar 13, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S520.IS S520

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1 sultation with the Secretary of Commerce, shall 

2 maintain and update as appropriate its ‘‘Guide to 

3 Acceptable Market Names for Seafood Sold in Inter4 state Commerce’’ as a list of standardized names for 

5 identification of seafood at the distribution, mar6 keting, and retail stages. 

7 (2) CONTENTS.—The list maintained under 

8 paragraph (1) shall— 

9 (A) include scientific names, acceptable 

10 market names, and common or regional names 

11 for all seafood species distributed in interstate 

12 commerce in the United States, and indicate 

13 clearly— 

14 (i) which of those names may be used 

15 to identify seafood; and 

16 (ii) examples of names which con17 stitute mislabeling in violation of Federal 

18 law; 

19 (B) take into account taxonomy, inter20 national law and custom, market information, 

21 and naming precedence; 

22 (C) identify names for seafood as appro23 priate only if the Secretary of Commerce deter24 mines the names are not likely to confuse or 

25 mislead consumers; and 


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1 (D) include information regarding any con2 sumption advisory that has been issued for the 

3 seafood. 

4 (3) AVAILABILITY.—The list maintained under 

5 paragraph (1) shall be— 

6 (A) made available to the public on the 

7 Web sites of the Department of Health and 

8 Human Services and the Department of Com9 merce; and 

10 (B) updated annually based on the best 

11 available scientific and market information. 

12 (4) PUBLIC INPUT.—The Secretary of Health 

13 and Human Services shall use its existing citizen pe14 tition process in accepting petitions to amend the 

15 list maintained under paragraph (1). 

16 (b) SEAFOOD TRACEABILITY REQUIREMENTS.—Be17 ginning on the date that is 180 days after the date of 

18 the enactment of this Act, the Secretary of Commerce, in 

19 consultation with the Secretary of Health and Human 

20 Services, shall implement the following requirements with 

21 respect to seafood imported into the United States or oth22 erwise distributed or offered for sale in interstate com23 merce: 

24 (1) In addition to disclosure of the United Na25 tions Food and Agriculture Organization Major 


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1 Fishing Area, or a more specific location, in which 

2 the fish was caught, of the information required to 

3 be submitted to the Secretary of Commerce under 

4 section 303(a)(5) of the Magnuson-Stevens Fishery 

5 Conservation and Management Act (16 U.S.C. 

6 1853(a)(5)), at a minimum the following informa7 tion shall be displayed on the packaging of, or other8 wise accompany, seafood through processing, dis9 tribution, and final sale: 

10 (A) The acceptable market name and sci11 entific name for the seafood species, as speci12 fied in the list maintained under subsection 

13 (a)(1). 

14 (B) The date of the catch. 

15 (C) The weight or number, as appropriate, 

16 of product for an individual fish or lot. 

17 (2) If seafood has been previously frozen, treat18 ed with any substance (other than ice or water) that 

19 may affect the true weight of the seafood, or proc20 essed in a country other than that in which it was 

21 landed or harvested, by any harvester, processor, 

22 distributor, or retailer, such information shall be in23 cluded in the labeling of, or otherwise accompany, 

24 the seafood through processing, distribution, and 

25 final sale. 


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1 (3) If the seafood was farm-raised, that infor2 mation, along with information regarding the coun3 try of cultivation, the location of the aquaculture 

4 production area, and the method of cultivation, shall 

5 be included in the labeling of, or otherwise accom6 pany, the seafood through processing, distribution, 

7 and final sale. 

8 (4) With respect to any information required by 

9 paragraph (1) or (2) to be included in the labeling 

10 of, or otherwise accompany, seafood, an importer, 

11 processor, distributor, or retailer (including a res12 taurant) may satisfy such requirement by making 

13 the information available upon request— 

14 (A) to anyone purchasing the seafood; and 

15 (B) to any Federal, State, or local official 

16 authorized to conduct inspections of— 

17 (i) seafood; or 

18 (ii) any facility that processes or sells 

19 seafood. 

20 (5) No importer, processor, distributor, or re21 tailer may be found to be in violation of the require22 ments under this subsection for unknowingly selling 

23 a product that was already mislabeled upon receipt, 

24 provided that the importer, processor, distributor, or 


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1 retailer can provide the required product traceability 

2 documentation. 

3 (c) REFUSAL OF ADMISSION.— 

4 (1) IN GENERAL.—Subject to paragraphs (3) 

5 and (4), all seafood imported or offered for import 

6 originating from an exporter shall be refused admis7 sion if— 

8 (A) the Secretary of Commerce finds that 

9 any shipment of such seafood appears to be in 

10 violation of subsection (b); or 

11 (B) the Secretary of Health and Human 

12 Services finds that any shipment of such sea13 food appears to be in violation of this Act or 

14 other applicable Federal laws or regulations. 

15 (2) IMPORT CERTIFICATION.—For any exporter 

16 whose seafood products are refused admission under 

17 paragraph (1) based on a prior shipment, the Sec18 retary of Health and Human Services shall deter19 mine whether to require, as a condition of granting 

20 admission into the United States to an article of 

21 seafood originating from such exporter, that such 

22 seafood be accompanied by a certification or other 

23 assurance under section 801(q) of the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 381(q)). 


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1 (3) ALLOWANCE OF INDIVIDUAL SHIPMENTS.— 

2 Paragraph (1) does not apply with respect to an in3 dividual shipment of seafood originating from an ex4 porter whose products must otherwise be refused ad5 mission under such paragraph if the exporter pre6 sents evidence to the Secretary of Health and 

7 Human Services or the Secretary of Commerce from 

8 a laboratory accredited under section 422 of the 

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

10 350k), or other equivalent evidence, documenting 

11 that the shipment is in compliance with the provi12 sions of subsection (b) and other applicable Federal 

13 laws or regulations prohibiting seafood fraud. 

14 (4) TERMINATION OF INDIVIDUAL SHIPMENT

15 SCREENING REQUIREMENT.—Paragraph (1) shall 

16 cease to prohibit the admission of seafood origi17 nating from an exporter based on a prior shipment 

18 if the Secretary of Health and Human Services or 

19 the Secretary of Commerce determines that— 

20 (A) each prior shipment whose appearance 

21 triggered the application of such paragraph was 

22 in fact in compliance with the provisions of sub23 section (b) and other applicable Federal laws or 

24 regulations, including those prohibiting seafood 

25 fraud; or 


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1 (B) during the preceding 12 months, no 

2 shipment of seafood originating from the ex3 porter has triggered the application of para4 graph (1). 

5 (d) PENALTIES.—The Secretary of Commerce shall 

6 prevent any person from violating this Act, or any Act to 

7 which this section applies, in the same manner, by the 

8 same means, and with the same jurisdiction, powers, and 

9 duties as though sections 308 through 311 of the Magnu10 son-Stevens Fishery Conservation and Management Act 

11 (16 U.S.C. 1858 through 1861) were incorporated into 

12 and made a part of and applicable to this Act. 

13 (e) LIST OF OFFENDERS.—The Secretary of Com14 merce, in consultation with the Secretary of Health and 

15 Human Services, shall develop, maintain, and post on the 

16 public Web site of the Department of Commerce a list 

17 that— 

18 (1) includes, by country, each exporter whose 

19 seafood is imported or offered for import into the 

20 United States; and 

21 (2) for each such exporter, tracks the timing, 

22 type, and frequency of violations of Federal law re23 lating to seafood fraud. 


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1 (f) INSPECTIONS.—The Secretary of Commerce, in 

2 consultation with the Secretary of Health and Human 

3 Services, shall— 

4 (1) increase, as resources allow, the number of 

5 foreign and domestic seafood shipments that are in6 spected for seafood fraud by National Oceanic and 

7 Atmospheric Administration inspectors and author8 ized officers, including verification of compliance 

9 with the traceability requirements of subsection (b); 

10 (2) ensure that the percentage of seafood ship11 ments inspected during a given year is not lower 

12 than the percentage inspected during the previous 

13 year; and 

14 (3) to the maximum extent practicable, ensure 

15 that inspections and tests for seafood fraud preven16 tion also collect information to support the Secretary 

17 of Health and Human Services in implementing the 

18 seafood safety requirements of the FDA Food Safety 

19 Modernization Act (Public Law 111–353). 

20 (g) IMPACT ON EXISTING FOOD SAFETY AUTHOR21 ITY.—Nothing in this section shall be construed to limit 

22 the authority of the Secretary of Health and Human Serv23 ices to execute or enforce food safety laws or regulations 

24 that may be adopted pursuant to the FDA Food Safety 

25 Modernization Act (Public Law 111–353). 


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1 SEC. 4. AUTHORITY OF STATES. 

2 Whenever the attorney general of a State, or an offi3 cial or agency designated by a State, has reason to believe 

4 that any person has engaged or is engaging in a pattern 

5 or practice of seafood fraud in violation of subsection (b) 

6 or (c) of section 3, the State may bring a civil action on 

7 behalf of its residents to enjoin fraud, an action to recover 

8 for actual monetary loss or receive $10,000 in damages 

9 for each violation, or both such actions. If the court finds 

10 the defendant willfully or knowingly violated this Act, the 

11 court may, in its discretion, increase the amount of the 

12 award to an amount equal to not more than 3 times the 

13 amount available under the preceding sentence. Nothing 

14 in this section shall preclude an individual from bringing 

15 a civil action. 

16 SEC. 5. REPORT TO CONGRESS. 

17 Beginning 18 months after the date of the enactment 

18 of this Act, and every two years thereafter, the Secretary 

19 of Commerce and the Secretary of Health and Human 

20 Services, in consultation with the Chairman of the Federal 

21 Trade Commission and the heads of other relevant Fed22 eral agencies, shall submit jointly a report to the Congress 

23 including— 

24 (1) findings with respect to— 


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1 (A) the extent and severity of violations of 

2 Federal, State, and local law relating to seafood 

3 safety and seafood fraud; and 

4 (B) the health and financial impacts of 

5 these violations on United States consumers 

6 and the United States fishing industry; 

7 (2) an analysis of the lists required to be devel8 oped and maintained under sections 2(c) and 3(e); 

9 (3) an analysis of the effectiveness of the 

10 memorandum of understanding required by section 

11 2(a) in ensuring that the Department of Commerce 

12 and the Department of Health and Human Services 

13 work to ensure seafood safety, including an assess14 ment of achieving identified performance metrics 

15 and timelines established to reduce duplication of ef16 fort and increase collection and integration of in17 spections data; 

18 (4) an assessment of the technological assets 

19 available for addressing seafood safety and fraud, in20 cluding traceability, and an assessment of the tech21 nological gaps and needs that exist; 

22 (5) information related to the implementation 

23 of any agreement entered into pursuant to section 2 

24 of this Act or section 421 of the Federal Food, 

25 Drug, and Cosmetic Act (21 U.S.C. 350j); 


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1 (6) detailed information on the inspection, en2 forcement, and consumer outreach activities, includ3 ing the number of inspections, enforcement actions, 

4 consumer outreach activities, personnel, and re5 sources utilized by the National Oceanic and Atmos6 pheric Administration, the Food and Drug Adminis7 tration, and the Federal Trade Commission to carry 

8 out this Act, including the degree of coordination of 

9 actions to address seafood safety and seafood fraud; 

10 and 

11 (7) recommendations on any additional authori12 ties, budget, or personnel necessary to improve sea13 food safety and prevent seafood fraud. 

14 SEC. 6. PREEMPTION. 

15 Nothing in this Act preempts the authority of a State 

16 to establish and enforce requirements for improving sea17 food safety and preventing seafood fraud that are con18 sistent with the requirements of this Act. 

19 SEC. 7. DEFINITIONS. 

20 In this Act: 

21 (1) The term ‘‘other applicable Federal laws 

22 and regulations’’ means Federal statutes, regula23 tions, and international agreements (other than this 

24 Act) pertaining to the importation, exportation, 

25 transportation, sale, harvest, processing, or trade of 


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1 seafood, including the Magnuson-Stevens Fishery 

2 Conservation and Management Act (16 U.S.C. 1801 

3 et seq.), the Lacey Act Amendments of 1981 (16 

4 U.S.C. 3371 et seq.), the Federal Food, Drug, and 

5 Cosmetic Act (21 U.S.C. 301 et seq.), the FDA 

6 Food Safety Modernization Act (Public Law 111– 

7 353), the Fair Packaging and Labeling Act (15 

8 U.S.C. 1451 et seq.), subtitle D of the Agricultural 

9 Marketing Act of 1946 (7 U.S.C. 1638 et seq.), 

10 parts 60 and 65 of title 7, Code of Federal Regula11 tions (or any successor regulations), and part 123 of 

12 title 21, Code of Federal Regulations (or any suc13 cessor regulations). 

14 (2) The term ‘‘seafood’’ means fish, shellfish, 

15 and processed fish or shellfish products. 

16 (3) The term ‘‘seafood fraud’’ means the 

17 mislabeling or misrepresentation of the information 

18 required under this Act or other applicable Federal 

19 laws and regulations. 

Æ 


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