I 

111TH CONGRESS 

1ST SESSION H. R. 1370 

To improve the protections afforded under Federal law to consumers from 

contaminated seafood by directing the Secretary of Commerce to establish 

a program, in coordination with other appropriate Federal agencies, 

to strengthen activities for ensuring that seafood sold or offered for 

sale to the public in or affecting interstate commerce is fit for human 

consumption. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2009 

Mr. WEINER introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Agriculture, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the protections afforded under Federal law to 

consumers from contaminated seafood by directing the 

Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to 

strengthen activities for ensuring that seafood sold or 

offered for sale to the public in or affecting interstate 

commerce is fit for human consumption. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commercial Seafood 

3 Consumer Protection Act’’. 

4 SEC. 2. SEAFOOD SAFETY. 

5 (a) IN GENERAL.—The Secretary of Commerce shall, 

6 in coordination with the Secretary of Health and Human 

7 Services and other appropriate Federal agencies, establish 

8 a program to strengthen Federal activities for ensuring 

9 that commercially distributed seafood in the United States 

10 meets the food quality and safety requirements of Federal 

11 law. 

12 (b) MEMORANDUM OF UNDERSTANDING.—The Sec13 retary of Commerce and the Secretary of Health and 

14 Human Services shall enter into an agreement within 180 

15 days after enactment of this Act to strengthen cooperation 

16 on seafood safety. The agreement shall include provisions 

17 for— 

18 (1) cooperative arrangements for examining and 

19 testing seafood imports; 

20 (2) coordination of inspections of foreign facili21 ties; 

22 (3) technical assistance and training of foreign 

23 facilities for marine aquaculture, technical assistance 

24 for foreign governments concerning United States 

25 regulatory requirements, and appropriate informaVerDate Nov 24 2008 04:53 Mar 07, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1370.IH H1370

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1 tion transfer arrangements between the United 

2 States and foreign governments; 

3 (4) developing a process for expediting imports 

4 of seafood into the United States from foreign coun5 tries and exporters that consistently adhere to the 

6 highest standards for ensuring seafood safety; 

7 (5) establishing a system to track shipments of 

8 seafood in the distribution chain within the United 

9 States; 

10 (6) labeling requirements to assure species iden11 tity and prevent fraudulent practices; 

12 (7) a process by which officers and employees 

13 of the National Oceanic and Atmospheric Adminis14 tration and National Marine Fisheries Service may 

15 be commissioned by the Secretary of Health and 

16 Human Services for seafood examinations and inves17 tigations conducted under section 801 of the Federal 

18 Food, Drug, and Cosmetic Act (21 U.S.C. 381); 

19 (8) the sharing of information concerning ob20 served non-compliance with United States food re21 quirements domestically and in foreign countries and 

22 new regulatory decisions and policies that may affect 

23 regulatory outcomes; and 


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1 (9) conducting joint training on subjects that 

2 affect and strengthen seafood inspection effective3 ness by Federal authorities. 

4 SEC. 3. CERTIFIED LABORATORIES. 

5 Within 180 days after the date of enactment of this 

6 Act, the Secretary of Commerce, in consultation with the 

7 Secretary of Health and Human Services, shall increase 

8 the number of laboratories certified to the standards of 

9 the Food and Drug Administration in the United States 

10 and in countries that export seafood to the United States 

11 for the purpose of analyzing seafood and ensuring that 

12 it complies with Federal law. Such laboratories may in13 clude Federal, State, and private facilities. The Secretary 

14 of Commerce shall publish in the Federal Register a list 

15 of certified laboratories, and shall update the list, and pub16 lish the updated list, no less frequently than annually. 

17 SEC. 4. NOAA LABORATORIES. 

18 In any fiscal year beginning after the date of enact19 ment of this Act, the Secretary of Commerce may increase 

20 the number and capacity of laboratories operated by the 

21 National Oceanic and Atmospheric Administration in22 volved in carrying out testing and other activities under 

23 this Act to the extent the Secretary determines that in24 creased laboratory capacity is necessary to carry out the 


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1 provisions of this Act and as provided for in appropria2 tions Acts. 

3 SEC. 5. INSPECTION TEAMS. 

4 The Secretary of Commerce, in cooperation with the 

5 Secretary of Health and Human Services, may send 1 or 

6 more inspectors to a country or exporter from which sea7 food exported to the United States originates. The inspec8 tion team will assess practices and processes being used 

9 in connection with the farming, cultivation, harvesting, 

10 preparation for market, or transportation of such seafood 

11 and provide technical assistance related to the require12 ments established under the Federal Food, Drug, and 

13 Cosmetic Act (21 U.S.C. 301 et seq.). The inspection team 

14 shall prepare a report for the Secretary with its findings. 

15 The Secretary of Commerce shall make a copy of the re16 port available to the country or exporter that is the subject 

17 of the report and provide a 30-day period during which 

18 the country or exporter may provide a rebuttal or other 

19 comments on the findings of the Secretary. The Secretary 

20 of Commerce shall cause the report, together with any 

21 comments submitted to the Secretary by the country or 

22 exporter, to be published in the Federal Register not later 

23 than 60 days after the inspection team makes its final re24 port. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated $15,000,000 

3 for each of fiscal years 2010 through 2014, for purposes 

4 of carrying out this Act. 

Æ 


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