porter may be imported or offered for im-
port into the United States for the fol-
lowing 1-year period. Following such 1- 
year period when no shipments may be so 
imported or offered, such exporter shall 
not be permitted to offer imports to the 
United States unless the Secretary certifies 
that such exporter is maintaining a pro-
gram using reliable analytical methods to 
ensure compliance with the United States 
standards for seafood manufacturing, proc-
essing, and holding. 
‘‘(ii) 
DETERMINATION
BY
SEC-
RETARY.—Shipments of seafood imported 
or offered for import into the United 
States by an exporter that has been sub-
ject to a 1-year suspension period and a 
certification under clause (i) shall be in-
spected at a rate determined appropriate 
by the Secretary for a period of time as de-
termined appropriate by the Secretary. 
‘‘(C) PATTERN OF FAILURES.—If the Sec-
retary determines that shipments of seafood im-
ported or offered for import into the United 
States from a particular country repeatedly fail 
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to meet inspection or testing requirements 
under this Act, all shipments of seafood from 
such country shall be refused entry into the 
United States until the Secretary makes a cer-
tification described under subsection (a). 
‘‘(D) PROCEDURES.—The testing and in-
spections procedures used under this paragraph 
shall be carried out in accordance with section 
801. 
‘‘(4) FEES.—The Secretary shall by regulation 
impose such fees on exporters in such amounts as 
may be necessary to provide, equip, and maintain an 
adequate and efficient inspection service to carry out 
this subsection. Receipts from such fees shall be cov-
ered into the Treasury and shall be available to the 
Secretary for expenditures incurred in carrying out 
the purposes of this subsection, including expendi-
tures for salaries of additional inspectors when nec-
essary to supplement the number of inspectors for 
whose salaries Congress has appropriated. 
‘‘(c) EFFECT OF SHIPMENTS THAT FAIL TO MEET 
REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
801, if a shipment of seafood imported or offered for 
import into the United States fails to meet safety 
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standards established by the Secretary, such ship-
ment shall be detained or destroyed unless the im-
ported shipment meets criteria for re-export, as de-
termined by the Secretary. 
‘‘(2) LABELING.—If a shipment of seafood has 
been refused admission under paragraph (1), other 
than such a shipment that is required to be de-
stroyed, the Secretary shall require the owner or 
consignee of the shipment to affix to the container 
of the seafood a label that clearly and conspicuously 
bears the statement: ‘UNITED STATES: RE-
FUSED ENTRY’. 
‘‘(3) EXPORTING
TO
FOREIGN
COUNTRY.—If 
the appropriate authority of a foreign country noti-
fies the Secretary, not later than 45 days after the 
shipment is rejected under paragraph (1), that the 
shipment will be accepted in that country, such ship-
ment may be released to the importer for expor-
tation to such foreign country. 
‘‘(4) DESTRUCTION OF SHIPMENT.—If the Sec-
retary deems that a shipment rejected under para-
graph (1), if it had been allowed entry, could have 
caused significant health risks if consumed by hu-
mans, the shipment shall be destroyed notwith-
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standing the receipt of a notification under para-
graph (3). 
‘‘(5) NOTIFICATION TO PORTS OF ENTRY.—The 
Secretary shall notify ports of entry not later than 
5 days after a shipment described in paragraph 
(1)— 
‘‘(A) was determined to fail to meet safety 
standards established by the Secretary under 
such paragraph; or 
‘‘(B) was detained or destroyed. 
‘‘(d) PORTS OF ENTRY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this chapter, seafood may be imported 
or offered for import only at those ports of entry 
into the United States that have the personnel 
trained to conduct the applicable testing and inspec-
tion of seafood, as certified by the Secretary under 
paragraph (2). 
‘‘(2) CERTIFICATION.—The Secretary shall cer-
tify which ports of entry into the United States have 
the personnel trained to conduct the applicable test-
ing and inspection of seafood. 
‘‘(3) EFFECT
OF
CERTIFICATION
REQUIRE-
MENT.—If a port of entry— 
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‘‘(A) was, on the day before the date of en-
actment of this section, a port of entry that ac-
cepted seafood imported or offered for import 
into the United States; and 
‘‘(B) does not meet the requirements for 
certification under paragraph (2), 
the Secretary shall, as soon as practicable after the 
date of enactment of this section, provide proper 
personnel levels and training to enable such port to 
be certified under paragraph (2). 
‘‘(e) ANNUAL REPORT.—On an annual basis, the 
Secretary shall submit to Congress a report that describes 
the implementation of this section, including— 
‘‘(1) summary data relating to inspections and 
testing under this section, and any noncompliance 
with the applicable provisions of this Act; and 
‘‘(2) recommendations of any improvements or 
other modifications to this section determined nec-
essary by the Secretary. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.’’. 
(b) PROHIBITED ACT; PENALTIES.—Chapter III of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 
et seq.) is amended— 
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