II 

Calendar No. 297 

112TH CONGRESS 

2D SESSION S. 50 

[Report No. 112–131] 

To strengthen Federal consumer product safety programs and activities with 

respect to commercially marketed seafood by directing the Secretary 

of Commerce to coordinate with the Federal Trade Commission and 

other appropriate Federal agencies to strengthen and coordinate those 

programs and activities. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. INOUYE (for himself, Ms. SNOWE, Mr. VITTER, Mr. BEGICH, Mrs. GILLIBRAND, Mr. KERRY, Mr. SCHUMER, Mr. WHITEHOUSE, Mrs. BOXER, and 

Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportaion 

JANUARY 26, 2012 

Reported by Mr. ROCKEFELLER without amendment 

A BILL 

To strengthen Federal consumer product safety programs 

and activities with respect to commercially marketed seafood by directing the Secretary of Commerce to coordinate with the Federal Trade Commission and other appropriate Federal agencies to strengthen and coordinate 

those programs and activities. 


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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 ‘‘Commercial Seafood 

5 Consumer Protection Act’’. 

6 SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER 

7 PROTECTION SAFETY NET. 

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

9 in coordination with the Federal Trade Commission and 

10 other appropriate Federal agencies, and consistent with 

11 the international obligations of the United States, 

12 strengthen Federal consumer protection activities for en13 suring that commercially distributed seafood in the United 

14 States meets the food quality and safety requirements of 

15 applicable Federal laws. 

16 (b) INTERAGENCY AGREEMENTS.— 

17 (1) IN GENERAL.—Within 180 days after the 

18 date of enactment of this Act, the Secretary and 

19 other appropriate Federal agencies shall execute 

20 memoranda of understanding or other agreements to 

21 strengthen interagency cooperation on seafood safe22 ty, seafood labeling, and seafood fraud. 

23 (2) SCOPE OF AGREEMENTS.—The agreements 

24 shall include provisions, as appropriate for each such 

25 agreement, for— 


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1 (A) cooperative arrangements for exam2 ining and testing seafood imports that leverage 

3 the resources, capabilities, and authorities of 

4 each party to the agreement; 

5 (B) coordination of inspections of foreign 

6 facilities to increase the percentage of imported 

7 seafood and seafood facilities inspected; 

8 (C) standardizing data on seafood names, 

9 inspection records, and laboratory testing to im10 prove interagency coordination; 

11 (D) coordination of the collection, storage, 

12 analysis, and dissemination of all applicable in13 formation, intelligence, and data related to the 

14 importation, exportation, transportation, sale, 

15 harvest, processing, or trade of seafood in order 

16 to detect and investigate violations under appli17 cable Federal laws, and to carry out the provi18 sions of this Act; 

19 (E) developing a process for expediting im20 ports of seafood into the United States from 

21 foreign countries and exporters that consist22 ently adhere to the highest standards for ensur23 ing seafood safety; 


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1 (F) coordination to track shipments of sea2 food in the distribution chain within the United 

3 States; 

4 (G) enhancing labeling requirements and 

5 methods of assuring compliance with such re6 quirements to clearly identity species and pre7 vent fraudulent practices; 

8 (H) a process by which officers and em9 ployees of the National Oceanic and Atmos10 pheric Administration may be commissioned by 

11 the head of any other appropriate Federal agen12 cy to conduct or participate in seafood examina13 tions and investigations under applicable Fed14 eral laws administered by such other agency; 

15 (I) the sharing of information concerning 

16 observed non-compliance with United States 

17 seafood requirements domestically and in for18 eign countries and new regulatory decisions and 

19 policies that may affect regulatory outcomes; 

20 (J) conducting joint training on subjects 

21 that affect and strengthen seafood inspection 

22 effectiveness by Federal authorities; 

23 (K) sharing, to the maximum extent allow24 able by law, all applicable information, intel25 ligence, and data related to the importation, exVerDate Mar 15 2010 22:55 Jan 26, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S50.RS S50

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1 portation, transportation, sale, harvest, proc2 essing, or trade of seafood in order to detect 

3 and investigate violations under applicable Fed4 eral laws, or otherwise to carry out the provi5 sions of this Act; and 

6 (L) outreach to private testing labora7 tories, seafood industries, and the public on 

8 Federal efforts to enhance seafood safety and 

9 compliance with labeling requirements, includ10 ing education on Federal requirements for sea11 food safety and labeling and information on 

12 how these entities can work with appropriate 

13 Federal agencies to enhance and improve sea14 food inspection and assist in detecting and pre15 venting seafood fraud and mislabeling. 

16 (3) ANNUAL REPORTS ON IMPLEMENTATION OF

17 AGREEMENTS.—The Secretary, the Chairman of the 

18 Federal Trade Commission, and the heads of other 

19 appropriate Federal agencies that are parties to 

20 agreements executed under paragraph (1) shall sub21 mit, jointly or severally, an annual report to the 

22 Congress concerning— 

23 (A) specific efforts taken pursuant to the 

24 agreements; 


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1 (B) the budget and personnel necessary to 

2 strengthen seafood safety and labeling and pre3 vent seafood fraud; and 

4 (C) any additional authorities necessary to 

5 improve seafood safety and labeling and prevent 

6 seafood fraud. 

7 (c) MARKETING, LABELING, AND FRAUD REPORT.— 

8 Within 1 year after the date of enactment of this Act, the 

9 Secretary and the Chairman of the Federal Trade Com10 mission shall submit a joint report to the Congress on con11 sumer protection and enforcement efforts with respect to 

12 seafood marketing and labeling in the United States. The 

13 report shall include— 

14 (1) findings with respect to the scope of seafood 

15 fraud and deception in the United States market 

16 and its impact on consumers; 

17 (2) information on how the National Oceanic 

18 and Atmospheric Administration and the Federal 

19 Trade Commission can work together more effec20 tively to address fraud and unfair or deceptive acts 

21 or practices with respect to seafood; 

22 (3) detailed information on the enforcement and 

23 consumer outreach activities undertaken by the Na24 tional Oceanic and Atmospheric Administration and 


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1 the Federal Trade Commission during the preceding 

2 year pursuant to this Act; and 

3 (4) an examination of the scope of unfair or de4 ceptive acts or practices in the United States market 

5 with respect to foods other than seafood and wheth6 er additional enforcement authority or activity is 

7 warranted. 

8 (d) NOAA SEAFOOD INSPECTION AND MARKING CO9 ORDINATION.— 

10 (1) DECEPTIVE MARKETING AND FRAUD.—The 

11 National Oceanic and Atmospheric Administration 

12 shall report deceptive seafood marketing and fraud 

13 to the Federal Trade Commission pursuant to an 

14 agreement under subsection (b). 

15 (2) APPLICATION WITH EXISTING AGREE16 MENTS.—Nothing in this Act shall be construed to 

17 impede, minimize, or otherwise affect any agreement 

18 or agreements regarding cooperation and informa19 tion sharing in the inspection of fish and fishery 

20 products and establishments between the Depart21 ment of Commerce and the Department of Health 

22 and Human Services in effect on the date of enact23 ment of this Act. Within 6 months after the date of 

24 enactment of this Act, the Secretary of Commerce 

25 and the Secretary of Health and Human Services 


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1 shall submit a joint report to the Congress on imple2 mentation of any such agreement or agreements, in3 cluding the extent to which the Food and Drug Ad4 ministration has taken into consideration informa5 tion resulting from inspections conducted by the De6 partment of Commerce in making risk-based deter7 minations such as the establishment of inspection 

8 priorities for domestic and foreign facilities and the 

9 examination and testing of imported seafood. 

10 (3) COORDINATION WITH SEA GRANT PRO11 GRAM.—The Administrator of the National Oceanic 

12 and Atmospheric Administration shall ensure that 

13 the NOAA Seafood Inspection Program is coordi14 nated with the Sea Grant Program to provide out15 reach to States, consumers, and the seafood industry 

16 on seafood testing, seafood labeling, and seafood 

17 substitution, and strategies to combat mislabeling 

18 and fraud. 

19 SEC. 3. CERTIFIED LABORATORIES. 

20 Within 180 days after the date of enactment of this 

21 Act, the Secretary, in consultation with the Secretary of 

22 Health and Human Services, shall increase the number 

23 of laboratories certified to the standards of the Food and 

24 Drug Administration in the United States and in countries 

25 that export seafood to the United States for the purpose 


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1 of analyzing seafood and ensuring that the laboratories, 

2 including Federal, State, and private facilities, comply 

3 with applicable Federal laws. Within 1 year after the date 

4 of enactment of this Act, the Secretary of Commerce shall 

5 publish in the Federal Register a list of certified labora6 tories. The Secretary shall update and publish the list no 

7 less frequently than annually. 

8 SEC. 4. NOAA LABORATORIES. 

9 In any fiscal year beginning after the date of enact10 ment of this Act, the Secretary may increase the number 

11 and capacity of laboratories operated by the National Oce12 anic and Atmospheric Administration involved in carrying 

13 out testing and other activities under this Act to the extent 

14 that the Secretary determines that increased laboratory 

15 capacity is necessary to carry out the provisions of this 

16 Act and as provided for in appropriations Acts. 

17 SEC. 5. CONTAMINATED SEAFOOD. 

18 (a) REFUSAL OF ENTRY.—The Secretary of Health 

19 and Human Services may issue an order refusing admis20 sion into the United States of all imports of seafood or 

21 seafood products originating from a country or exporter 

22 if the Secretary determines that shipments of such seafood 

23 or seafood products do not meet the requirements estab24 lished under applicable Federal law. 


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1 (b) INCREASED TESTING.—If the Secretary of 

2 Health and Human Services determines that seafood im3 ports originating from a country may not meet the re4 quirements of Federal law, and determines that there is 

5 a lack of adequate certified laboratories to provide for the 

6 entry of shipments pursuant to section 3, then the Sec7 retary may order an increase in the percentage of ship8 ments tested of seafood originating from such country to 

9 improve detection of potential violations of such require10 ments. 

11 (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS FROM

12 EXPORTING COUNTRY OR EXPORTER.—Notwithstanding 

13 an order under subsection (a) with respect to seafood orig14 inating from a country or exporter, the Secretary may per15 mit individual shipments of seafood originating in that 

16 country or from that exporter to be admitted into the 

17 United States if— 

18 (1) the exporter presents evidence from a lab19 oratory certified by the Secretary that a shipment of 

20 seafood meets the requirements of applicable Federal 

21 laws; and 

22 (2) the Secretary, or other agent of a Federal 

23 agency authorized to conduct inspections of seafood, 

24 has inspected the shipment and has found that the 


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1 shipment and the conditions of manufacturing meet 

2 the requirements of applicable Federal laws. 

3 (d) CANCELLATION OF ORDER.—The Secretary may 

4 cancel an order under subsection (a) with respect to sea5 food exported from a country or exporter if all shipments 

6 into the United States under subsection (c) of seafood 

7 originating in that country or from that exporter more 

8 than 1 year after the date on which the Secretary issued 

9 the order have been found, under the procedures described 

10 in subsection (c), to meet the requirements of Federal law. 

11 If the Secretary determines that an exporter has failed 

12 to comply with the requirements of an order under sub13 section (a), the 1-year period in the preceding sentence 

14 shall run from the date of that determination rather than 

15 the date on which the order was issued. 

16 (e) EFFECT.—This section shall be in addition to, 

17 and shall have no effect on, the authority of the Secretary 

18 of Health and Human Services under the Federal Food, 

19 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with re20 spect to seafood, seafood products, or any other product. 

21 SEC. 6. INSPECTION TEAMS. 

22 (a) INSPECTION OF FOREIGN SITES.—The Secretary, 

23 in cooperation with the Secretary of Health and Human 

24 Services, may send 1 or more inspectors to a country or 

25 exporter from which seafood exported to the United States 


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1 originates. The inspection team shall assess practices and 

2 processes being used in connection with the farming, cul3 tivation, harvesting, preparation for market, or transpor4 tation of such seafood and may provide technical assist5 ance related to the requirements established under appli6 cable Federal laws to address seafood fraud and safety. 

7 The inspection team shall prepare a report for the Sec8 retary of Commerce with its findings. The Secretary of 

9 Commerce shall make a copy of the report available to 

10 the country or exporter that is the subject of the report 

11 and provide a 30-day period during which the country or 

12 exporter may provide a rebuttal or other comments on the 

13 findings to the Secretary. 

14 (b) DISTRIBUTION AND USE OF REPORT.—The Sec15 retary shall provide the report to the Secretary of Health 

16 and Human Services as information for consideration in 

17 making risk-based determinations such as the establish18 ment of inspection priorities of domestic and foreign facili19 ties and the examination and testing of imported seafood. 

20 The Secretary shall provide the report to the Executive 

21 Director of the Federal Trade Commission for consider22 ation in making recommendations to the Chairman of the 

23 Federal Trade Commission regarding consumer protection 

24 to prevent fraud, deception, and unfair business practices 

25 in the marketplace. 


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1 SEC. 7. SEAFOOD IDENTIFICATION. 

2 (a) STANDARIZED LIST OF NAMES FOR SEAFOOD.— 

3 The Secretary and the Secretary of Health and Human 

4 Services shall initial a joint rulemaking proceeding to de5 velop and make public a list of standardized names for 

6 seafood identification purposes at distribution, marketing, 

7 and consumer retail stages. The list of standardized names 

8 shall take into account taxonomy, current labeling regula9 tions, international law and custom, market value, and 

10 naming precedence for all commercially distributed sea11 food distributed in interstate commerce in the United 

12 States and may not include names, whether similar to ex13 isting or commonly used names for species, that are likely 

14 to confuse or mislead consumers. 

15 (b) PUBLICATION OF LIST.—The list of standardized 

16 names shall be made available to the public on Depart17 ment of Health and Human Services and the Department 

18 of Commerce Web sites, shall be open to public review and 

19 comment, and shall be updated annually. 

20 SEC. 8. DEFINITIONS. 

21 In this Act: 

22 (1) APPLICABLE FEDERAL LAWS.—The term 

23 ‘‘applicable laws and regulations’’ means Federal 

24 statutes, regulations, and international agreements 

25 pertaining to the importation, exportation, transpor26 tation, sale, harvest, processing, or trade of seafood, 


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1 including the Magnuson-Stevens Fishery Conserva2 tion and Management Act, section 801 of the Fed3 eral Food, Drug, and Cosmetic Act (21 U.S.C. 381), 

4 section 203 of the Food Allergen Labeling and Con5 sumer Protection Act of 2004 (21 U.S.C. 374a), and 

6 the Seafood Hazard Analysis and Critical Control 

7 Point regulations in part 123 of title 21, Code of 

8 Federal Regulations. 

9 (2) APPROPRIATE FEDERAL AGENCIES.—The 

10 term ‘‘appropriate Federal agencies’’ includes the 

11 Department of Health and Human Services, the 

12 Federal Food and Drug Administration, the Depart13 ment of Homeland Security, and the Department of 

14 Agriculture. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Commerce. 


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Calendar No. 297 

112TH CONGRESS 

2D SESSION S. 50 

[Report No. 112–131] 

A BILL 

To strengthen Federal consumer product safety 

those programs and activities. Federal agencies to strengthen and coordinate eral Trade Commission and other appropriate retary of Commerce to coordinate with the Fedcially marketed seafood by directing the Secprograms and activities with respect to commerJANUARY, 26, 2011 

Reported without amendment 


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