I 

114TH CONGRESS 

1ST SESSION H. R. 3282 

To strengthen Federal consumer protection and product traceability with 

respect to commercially marketed seafood, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. FARENTHOLD (for himself and Mr. LYNCH) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Agriculture, Natural Resources, and Ways 

and Means, 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 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 ‘‘Protecting Honest 

5 Fishermen Act of 2015’’. 

6 SEC. 2. SEAFOOD SAFETY. 

7 (a) COORDINATION.— 


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1 (1) NATIONAL SEA GRANT COLLEGE PRO2 GRAM.—The Administrator of the National Oceanic 

3 and Atmospheric Administration shall ensure that 

4 the Administration’s seafood inspection activities are 

5 coordinated with the national sea grant college pro6 gram to provide outreach to the States, local health 

7 agencies, consumers, and the seafood industry on 

8 seafood safety. 

9 (2) INSPECTING TO PREVENT SEAFOOD

10 FRAUD.—The Secretary of Commerce and the Sec11 retary of Health and Human Services shall, to the 

12 maximum extent practicable, ensure that inspections 

13 and tests for seafood safety also collect information 

14 for seafood fraud detection and prevention. 

15 (b) LIST OF OFFENDERS.—The Secretary of Health 

16 and Human Services, in consultation with the Secretary 

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

18 public website of the Department of Health and Human 

19 Services a list that— 

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

21 seafood is imported or offered for import into the 

22 United States; and 

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

24 type, and frequency of violations of Federal law re25 lating to seafood safety. 


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1 (c) IMPACT ON EXISTING FOOD SAFETY AUTHOR2 ITY.—Nothing in this section limits the authority of the 

3 Secretary of Health and Human Services to execute or 

4 enforce food safety laws, including the FDA Food Safety 

5 Modernization Act (Public Law 111–353). 

6 SEC. 3. SEAFOOD IDENTIFICATION. 

7 (a) SEAFOOD TRACEABILITY REQUIREMENTS.— 

8 (1) IN GENERAL.—Beginning not later than the 

9 end of calendar year 2017, the Secretary of Com10 merce, in consultation with the Secretaries of Health 

11 and Human Services and Homeland Security, shall 

12 implement the following requirements with respect 

13 to seafood imported into the United States or other14 wise distributed or offered for sale in interstate com15 merce: 

16 (A) In addition to disclosure of the United 

17 Nations Food and Agriculture Organization 

18 Major Fishing Area, or a more specific location, 

19 in which the fish was caught, and of the infor20 mation required to be submitted to the Sec21 retary of Commerce under section 303(a)(5) of 

22 the Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1853(a)(5)), 

24 at a minimum the following information shall 

25 be displayed on the packaging of, or otherwise 


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1 accompany, seafood through processing, dis2 tribution, and final sale: 

3 (i) The acceptable market name (as 

4 determined by the Food and Drug Admin5 istration) and scientific name for the sea6 food species. 

7 (ii) Whether the seafood was har8 vested wild or was farm-raised. 

9 (iii) The method of harvest of the sea10 food including gear type as listed in section 

11 600.725 of title 50, Code of Federal Regu12 lations and defined in section 600.10 of 

13 such title. 

14 (iv) The date of the catch. 

15 (v) The weight or number, as appro16 priate, of product for an individual fish or 

17 lot. 

18 (B) If seafood has been previously frozen, 

19 treated with any substance (other than ice or 

20 water) that may affect the true weight of the 

21 seafood, or processed in a country other than 

22 that in which it was landed or harvested, by 

23 any harvester, processor, distributor, or retailer, 

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1 ing of, or otherwise accompany, the seafood 

2 through processing, distribution, and final sale. 

3 (C) If the seafood was farm-raised, that in4 formation, along with information regarding the 

5 country of cultivation, the location of the aqua6 culture production area, and the method of cul7 tivation, shall be included in the labeling of, or 

8 otherwise accompany, the seafood through proc9 essing, distribution, and final sale. 

10 (D) No importer, processor, distributor, or 

11 retailer may be found to be in violation of the 

12 requirements under this subsection for unknow13 ingly selling a product that was already mis14 labeled upon receipt, provided that the im15 porter, processor, distributor, or retailer can 

16 provide the required product traceability docu17 mentation. 

18 (2) ALTERNATIVE MEANS OF DISCLOSURE FOR

19 CERTAIN CATEGORIES OF INFORMATION.— 

20 (A) IN GENERAL.—Notwithstanding para21 graph (1), instead of including any category of 

22 information described in subparagraph (B) in 

23 the packaging or labeling of seafood, an im24 porter, processor, distributor, or retailer (in25 cluding a restaurant) may, with respect to such 


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1 category, choose to satisfy the requirements of 

2 this paragraph by making the information 

3 available upon request to any Federal, State, or 

4 local official authorized to conduct inspections 

5 of— 

6 (i) seafood; or 

7 (ii) any facility that processes or sells 

8 seafood. 

9 (B) CATEGORIES.—The categories of infor10 mation described in this subparagraph are— 

11 (i) the information required to be sub12 mitted to the Secretary of Commerce 

13 under section 303(a)(5) of the Magnuson14 Stevens Fishery Conservation and Manage15 ment Act (16 U.S.C. 1853(a)(5)); 

16 (ii) if the seafood was farm-raised, the 

17 location of the aquaculture production 

18 area, and the method of cultivation; 

19 (iii) the date of the catch; and 

20 (iv) the weight or number, as appro21 priate, of product for an individual fish or 

22 lot. 

23 (3) DOMESTIC FISHERMEN.—Disclosure of data 

24 pursuant to section 303(a)(5) of the Magnuson-Ste25 vens Fishery Conservation and Management Act (16 


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1 U.S.C. 1853(a)(5)) by a person engaging in fishing 

2 on a vessel of the United States in the exclusive eco3 nomic zone (as those terms are used in that Act) is 

4 deemed to be in compliance by such person with the 

5 requirements implemented under paragraph (1) of 

6 this subsection. 

7 (b) REFUSAL OF ADMISSION.— 

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

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

10 originating from an exporter shall be refused admis11 sion if— 

12 (A) the Secretary of Commerce finds that 

13 any shipment of such seafood appears to be in 

14 violation of subsection (a); or 

15 (B) the Secretary of Health and Human 

16 Services finds that any shipment of such sea17 food appears to be in violation of this Act or 

18 other applicable Federal laws or regulations. 

19 (2) IMPORT CERTIFICATION.—For any exporter 

20 whose seafood products are refused admission under 

21 paragraph (1) based on a prior shipment, the Sec22 retary of Health and Human Services shall deter23 mine whether to require, as a condition of granting 

24 admission into the United States to an article of 

25 seafood originating from such exporter, that such 


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1 seafood be accompanied by a certification or other 

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

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

4 (3) ALLOWANCE OF INDIVIDUAL SHIPMENTS.— 

5 Paragraph (1) does not apply with respect to an in6 dividual shipment of seafood originating from an ex7 porter whose products must otherwise be refused ad8 mission under such paragraph if the exporter pre9 sents evidence to the Secretary of Health and 

10 Human Services or the Secretary of Commerce from 

11 a laboratory accredited under section 422 of the 

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

13 350k), or other equivalent evidence, documenting 

14 that the shipment is in compliance with the provi15 sions of subsection (a) and other applicable Federal 

16 laws or regulations prohibiting seafood fraud. 

17 (4) TERMINATION OF INDIVIDUAL SHIPMENT

18 SCREENING REQUIREMENT.—Paragraph (1) shall 

19 cease to prohibit the admission of seafood origi20 nating from an exporter based on a prior shipment 

21 if the Secretary of Health and Human Services or 

22 the Secretary of Commerce determines that— 

23 (A) each prior shipment whose appearance 

24 triggered the application of such paragraph was 

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1 section (a) and other applicable Federal laws or 

2 regulations, including those prohibiting seafood 

3 fraud; or 

4 (B) during the preceding 12 months, no 

5 shipment of seafood originating from the ex6 porter has triggered the application of para7 graph (1). 

8 (c) PENALTIES.—The Secretary of Commerce shall 

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

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

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

12 duties as though sections 308 through 311 of the Magnu13 son-Stevens Fishery Conservation and Management Act 

14 (16 U.S.C. 1858 through 1861) were incorporated into 

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

16 (d) LIST OF OFFENDERS.—The Secretary of Com17 merce, in consultation with the Secretary of Health and 

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

19 public website of the Department of Commerce a list 

20 that— 

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

22 seafood is imported or offered for import into the 

23 United States; and 


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

2 type, and frequency of violations of Federal law re3 lating to seafood fraud. 

4 (e) INSPECTIONS.—The Secretary of Commerce, in 

5 consultation with the Secretary of Health and Human 

6 Services, shall— 

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

8 foreign and domestic seafood shipments that are in9 spected for seafood fraud by National Oceanic and 

10 Atmospheric Administration inspectors and author11 ized officers, including verification of compliance 

12 with the traceability requirements of subsection (a); 

13 (2) ensure that the percentage of seafood ship14 ments inspected during a given year is not lower 

15 than the percentage inspected during the previous 

16 year; and 

17 (3) to the maximum extent practicable, ensure 

18 that inspections and tests for seafood fraud preven19 tion also collect information to support the Secretary 

20 of Health and Human Services in implementing the 

21 seafood safety requirements of the FDA Food Safety 

22 Modernization Act (Public Law 111–353). 

23 (f) IMPACT ON EXISTING FOOD SAFETY AUTHOR24 ITY.—Nothing in this section shall be construed to limit 

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1 ices to execute or enforce food safety laws or regulations 

2 that may be adopted pursuant to the FDA Food Safety 

3 Modernization Act (Public Law 111–353). 

4 SEC. 4. AUTHORITY OF STATES. 

5 Whenever the attorney general of a State, or an offi6 cial or agency designated by a State, has reason to believe 

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

8 or practice of seafood fraud in violation of subsection (a) 

9 or (b) of section 3, the State may bring a civil action on 

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

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

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

13 the defendant willfully or knowingly violated this Act, the 

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

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

16 amount available under the preceding sentence. Nothing 

17 in this section shall preclude an individual from bringing 

18 a civil action. 

19 SEC. 5. PREEMPTION. 

20 Nothing in this Act preempts the authority of a State 

21 to establish and enforce requirements for improving sea22 food safety and preventing seafood fraud that are con23 sistent with the requirements of this Act. 

24 SEC. 6. DEFINITIONS. 

25 In this Act: 


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

2 and regulations’’ means Federal statutes, regula3 tions, and international agreements (other than this 

4 Act) pertaining to the importation, exportation, 

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

6 seafood, including the Magnuson-Stevens Fishery 

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

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

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

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

11 Food Safety Modernization Act (Public Law 111– 

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

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

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

15 parts 60 and 65 of title 7, Code of Federal Regula16 tions (or any successor regulations), and part 123 of 

17 title 21, Code of Federal Regulations (or any suc18 cessor regulations). 

19 (2) The term ‘‘seafood’’ means finfish, mol20 lusks, crustaceans, and all other forms of marine 

21 animal and plant life other than marine mammals 

22 and birds. 

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

24 mislabeling or misrepresentation of the information 


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1 required under this Act or other applicable Federal 

2 laws and regulations. 

Æ 


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