II 

112TH CONGRESS 

1ST SESSION S. 50 

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

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. 

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’’. 


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1 SEC. 2. COMMERCIALLY MARKETED SEAFOOD CONSUMER 

2 PROTECTION SAFETY NET. 

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

4 in coordination with the Federal Trade Commission and 

5 other appropriate Federal agencies, and consistent with 

6 the international obligations of the United States, 

7 strengthen Federal consumer protection activities for en8 suring that commercially distributed seafood in the United 

9 States meets the food quality and safety requirements of 

10 applicable Federal laws. 

11 (b) INTERAGENCY AGREEMENTS.— 

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

13 date of enactment of this Act, the Secretary and 

14 other appropriate Federal agencies shall execute 

15 memoranda of understanding or other agreements to 

16 strengthen interagency cooperation on seafood safe17 ty, seafood labeling, and seafood fraud. 

18 (2) SCOPE OF AGREEMENTS.—The agreements 

19 shall include provisions, as appropriate for each such 

20 agreement, for— 

21 (A) cooperative arrangements for exam22 ining and testing seafood imports that leverage 

23 the resources, capabilities, and authorities of 

24 each party to the agreement; 


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1 (B) coordination of inspections of foreign 

2 facilities to increase the percentage of imported 

3 seafood and seafood facilities inspected; 

4 (C) standardizing data on seafood names, 

5 inspection records, and laboratory testing to im6 prove interagency coordination; 

7 (D) coordination of the collection, storage, 

8 analysis, and dissemination of all applicable in9 formation, intelligence, and data related to the 

10 importation, exportation, transportation, sale, 

11 harvest, processing, or trade of seafood in order 

12 to detect and investigate violations under appli13 cable Federal laws, and to carry out the provi14 sions of this Act; 

15 (E) developing a process for expediting im16 ports of seafood into the United States from 

17 foreign countries and exporters that consist18 ently adhere to the highest standards for ensur19 ing seafood safety; 

20 (F) coordination to track shipments of sea21 food in the distribution chain within the United 

22 States; 

23 (G) enhancing labeling requirements and 

24 methods of assuring compliance with such reVerDate Mar 15 2010 02:46 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S50.IS S50

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1 quirements to clearly identity species and pre2 vent fraudulent practices; 

3 (H) a process by which officers and em4 ployees of the National Oceanic and Atmos5 pheric Administration may be commissioned by 

6 the head of any other appropriate Federal agen7 cy to conduct or participate in seafood examina8 tions and investigations under applicable Fed9 eral laws administered by such other agency; 

10 (I) the sharing of information concerning 

11 observed non-compliance with United States 

12 seafood requirements domestically and in for13 eign countries and new regulatory decisions and 

14 policies that may affect regulatory outcomes; 

15 (J) conducting joint training on subjects 

16 that affect and strengthen seafood inspection 

17 effectiveness by Federal authorities; 

18 (K) sharing, to the maximum extent allow19 able by law, all applicable information, intel20 ligence, and data related to the importation, ex21 portation, transportation, sale, harvest, proc22 essing, or trade of seafood in order to detect 

23 and investigate violations under applicable Fed24 eral laws, or otherwise to carry out the provi25 sions of this Act; and 


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1 (L) outreach to private testing labora2 tories, seafood industries, and the public on 

3 Federal efforts to enhance seafood safety and 

4 compliance with labeling requirements, includ5 ing education on Federal requirements for sea6 food safety and labeling and information on 

7 how these entities can work with appropriate 

8 Federal agencies to enhance and improve sea9 food inspection and assist in detecting and pre10 venting seafood fraud and mislabeling. 

11 (3) ANNUAL REPORTS ON IMPLEMENTATION OF

12 AGREEMENTS.—The Secretary, the Chairman of the 

13 Federal Trade Commission, and the heads of other 

14 appropriate Federal agencies that are parties to 

15 agreements executed under paragraph (1) shall sub16 mit, jointly or severally, an annual report to the 

17 Congress concerning— 

18 (A) specific efforts taken pursuant to the 

19 agreements; 

20 (B) the budget and personnel necessary to 

21 strengthen seafood safety and labeling and pre22 vent seafood fraud; and 

23 (C) any additional authorities necessary to 

24 improve seafood safety and labeling and prevent 

25 seafood fraud. 


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

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

3 Secretary and the Chairman of the Federal Trade Com4 mission shall submit a joint report to the Congress on con5 sumer protection and enforcement efforts with respect to 

6 seafood marketing and labeling in the United States. The 

7 report shall include— 

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

9 fraud and deception in the United States market 

10 and its impact on consumers; 

11 (2) information on how the National Oceanic 

12 and Atmospheric Administration and the Federal 

13 Trade Commission can work together more effec14 tively to address fraud and unfair or deceptive acts 

15 or practices with respect to seafood; 

16 (3) detailed information on the enforcement and 

17 consumer outreach activities undertaken by the Na18 tional Oceanic and Atmospheric Administration and 

19 the Federal Trade Commission during the preceding 

20 year pursuant to this Act; and 

21 (4) an examination of the scope of unfair or de22 ceptive acts or practices in the United States market 

23 with respect to foods other than seafood and wheth24 er additional enforcement authority or activity is 

25 warranted. 


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1 (d) NOAA SEAFOOD INSPECTION AND MARKING CO2 ORDINATION.— 

3 (1) DECEPTIVE MARKETING AND FRAUD.—The 

4 National Oceanic and Atmospheric Administration 

5 shall report deceptive seafood marketing and fraud 

6 to the Federal Trade Commission pursuant to an 

7 agreement under subsection (b). 

8 (2) APPLICATION WITH EXISTING AGREE9 MENTS.—Nothing in this Act shall be construed to 

10 impede, minimize, or otherwise affect any agreement 

11 or agreements regarding cooperation and informa12 tion sharing in the inspection of fish and fishery 

13 products and establishments between the Depart14 ment of Commerce and the Department of Health 

15 and Human Services in effect on the date of enact16 ment of this Act. Within 6 months after the date of 

17 enactment of this Act, the Secretary of Commerce 

18 and the Secretary of Health and Human Services 

19 shall submit a joint report to the Congress on imple20 mentation of any such agreement or agreements, in21 cluding the extent to which the Food and Drug Ad22 ministration has taken into consideration informa23 tion resulting from inspections conducted by the De24 partment of Commerce in making risk-based deter25 minations such as the establishment of inspection 


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1 priorities for domestic and foreign facilities and the 

2 examination and testing of imported seafood. 

3 (3) COORDINATION WITH SEA GRANT PRO4 GRAM.—The Administrator of the National Oceanic 

5 and Atmospheric Administration shall ensure that 

6 the NOAA Seafood Inspection Program is coordi7 nated with the Sea Grant Program to provide out8 reach to States, consumers, and the seafood industry 

9 on seafood testing, seafood labeling, and seafood 

10 substitution, and strategies to combat mislabeling 

11 and fraud. 

12 SEC. 3. CERTIFIED LABORATORIES. 

13 Within 180 days after the date of enactment of this 

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

15 Health and Human Services, shall increase the number 

16 of laboratories certified to the standards of the Food and 

17 Drug Administration in the United States and in countries 

18 that export seafood to the United States for the purpose 

19 of analyzing seafood and ensuring that the laboratories, 

20 including Federal, State, and private facilities, comply 

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

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

23 publish in the Federal Register a list of certified labora24 tories. The Secretary shall update and publish the list no 

25 less frequently than annually. 


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1 SEC. 4. NOAA LABORATORIES. 

2 In any fiscal year beginning after the date of enact3 ment of this Act, the Secretary may increase the number 

4 and capacity of laboratories operated by the National Oce5 anic and Atmospheric Administration involved in carrying 

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

7 that the Secretary determines that increased laboratory 

8 capacity is necessary to carry out the provisions of this 

9 Act and as provided for in appropriations Acts. 

10 SEC. 5. CONTAMINATED SEAFOOD. 

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

12 and Human Services may issue an order refusing admis13 sion into the United States of all imports of seafood or 

14 seafood products originating from a country or exporter 

15 if the Secretary determines that shipments of such seafood 

16 or seafood products do not meet the requirements estab17 lished under applicable Federal law. 

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

19 Health and Human Services determines that seafood im20 ports originating from a country may not meet the re21 quirements of Federal law, and determines that there is 

22 a lack of adequate certified laboratories to provide for the 

23 entry of shipments pursuant to section 3, then the Sec24 retary may order an increase in the percentage of ship25 ments tested of seafood originating from such country to 


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1 improve detection of potential violations of such require2 ments. 

3 (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS FROM

4 EXPORTING COUNTRY OR EXPORTER.—Notwithstanding 

5 an order under subsection (a) with respect to seafood orig6 inating from a country or exporter, the Secretary may per7 mit individual shipments of seafood originating in that 

8 country or from that exporter to be admitted into the 

9 United States if— 

10 (1) the exporter presents evidence from a lab11 oratory certified by the Secretary that a shipment of 

12 seafood meets the requirements of applicable Federal 

13 laws; and 

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

15 agency authorized to conduct inspections of seafood, 

16 has inspected the shipment and has found that the 

17 shipment and the conditions of manufacturing meet 

18 the requirements of applicable Federal laws. 

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

20 cancel an order under subsection (a) with respect to sea21 food exported from a country or exporter if all shipments 

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

23 originating in that country or from that exporter more 

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

25 the order have been found, under the procedures described 


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

2 If the Secretary determines that an exporter has failed 

3 to comply with the requirements of an order under sub4 section (a), the 1-year period in the preceding sentence 

5 shall run from the date of that determination rather than 

6 the date on which the order was issued. 

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

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

9 of Health and Human Services under the Federal Food, 

10 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with re11 spect to seafood, seafood products, or any other product. 

12 SEC. 6. INSPECTION TEAMS. 

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

14 in cooperation with the Secretary of Health and Human 

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

16 exporter from which seafood exported to the United States 

17 originates. The inspection team shall assess practices and 

18 processes being used in connection with the farming, cul19 tivation, harvesting, preparation for market, or transpor20 tation of such seafood and may provide technical assist21 ance related to the requirements established under appli22 cable Federal laws to address seafood fraud and safety. 

23 The inspection team shall prepare a report for the Sec24 retary of Commerce with its findings. The Secretary of 

25 Commerce shall make a copy of the report available to 


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

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

3 exporter may provide a rebuttal or other comments on the 

4 findings to the Secretary. 

5 (b) DISTRIBUTION AND USE OF REPORT.—The Sec6 retary shall provide the report to the Secretary of Health 

7 and Human Services as information for consideration in 

8 making risk-based determinations such as the establish9 ment of inspection priorities of domestic and foreign facili10 ties and the examination and testing of imported seafood. 

11 The Secretary shall provide the report to the Executive 

12 Director of the Federal Trade Commission for consider13 ation in making recommendations to the Chairman of the 

14 Federal Trade Commission regarding consumer protection 

15 to prevent fraud, deception, and unfair business practices 

16 in the marketplace. 

17 SEC. 7. SEAFOOD IDENTIFICATION. 

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

19 The Secretary and the Secretary of Health and Human 

20 Services shall initial a joint rulemaking proceeding to de21 velop and make public a list of standardized names for 

22 seafood identification purposes at distribution, marketing, 

23 and consumer retail stages. The list of standardized names 

24 shall take into account taxonomy, current labeling regula25 tions, international law and custom, market value, and 


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1 naming precedence for all commercially distributed sea2 food distributed in interstate commerce in the United 

3 States and may not include names, whether similar to ex4 isting or commonly used names for species, that are likely 

5 to confuse or mislead consumers. 

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

7 names shall be made available to the public on Depart8 ment of Health and Human Services and the Department 

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

10 comment, and shall be updated annually. 

11 SEC. 8. DEFINITIONS. 

12 In this Act: 

13 (1) APPLICABLE FEDERAL LAWS.—The term 

14 ‘‘applicable laws and regulations’’ means Federal 

15 statutes, regulations, and international agreements 

16 pertaining to the importation, exportation, transpor17 tation, sale, harvest, processing, or trade of seafood, 

18 including the Magnuson-Stevens Fishery Conserva19 tion and Management Act, section 801 of the Fed20 eral Food, Drug, and Cosmetic Act (21 U.S.C. 381), 

21 section 203 of the Food Allergen Labeling and Con22 sumer Protection Act of 2004 (21 U.S.C. 374a), and 

23 the Seafood Hazard Analysis and Critical Control 

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

25 Federal Regulations. 


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1 (2) APPROPRIATE FEDERAL AGENCIES.—The 

2 term ‘‘appropriate Federal agencies’’ includes the 

3 Department of Health and Human Services, the 

4 Federal Food and Drug Administration, the Depart5 ment of Homeland Security, and the Department of 

6 Agriculture. 

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

8 the Secretary of Commerce. 

Æ 


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