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 juris-
diction of the committee concerned 
A BILL 
To strengthen Federal consumer protection and product 
traceability with respect to commercially marketed sea-
food, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Honest 
Fishermen Act of 2015’’. 
SEC. 2. SEAFOOD SAFETY. 
(a) COORDINATION.— 
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(1) NATIONAL
SEA
GRANT
COLLEGE
PRO-
GRAM.—The Administrator of the National Oceanic 
and Atmospheric Administration shall ensure that 
the Administration’s seafood inspection activities are 
coordinated with the national sea grant college pro-
gram to provide outreach to the States, local health 
agencies, consumers, and the seafood industry on 
seafood safety. 
(2) 
INSPECTING
TO
PREVENT
SEAFOOD 
FRAUD.—The Secretary of Commerce and the Sec-
retary of Health and Human Services shall, to the 
maximum extent practicable, ensure that inspections 
and tests for seafood safety also collect information 
for seafood fraud detection and prevention. 
(b) LIST OF OFFENDERS.—The Secretary of Health 
and Human Services, in consultation with the Secretary 
of Commerce, shall develop, maintain, and post on the 
public website of the Department of Health and Human 
Services a list that— 
(1) includes, by country, each exporter whose 
seafood is imported or offered for import into the 
United States; and 
(2) for each such exporter, tracks the timing, 
type, and frequency of violations of Federal law re-
lating to seafood safety. 
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(c) IMPACT ON EXISTING FOOD SAFETY AUTHOR-
ITY.—Nothing in this section limits the authority of the 
Secretary of Health and Human Services to execute or 
enforce food safety laws, including the FDA Food Safety 
Modernization Act (Public Law 111–353). 
SEC. 3. SEAFOOD IDENTIFICATION. 
(a) SEAFOOD TRACEABILITY REQUIREMENTS.— 
(1) IN GENERAL.—Beginning not later than the 
end of calendar year 2017, the Secretary of Com-
merce, in consultation with the Secretaries of Health 
and Human Services and Homeland Security, shall 
implement the following requirements with respect 
to seafood imported into the United States or other-
wise distributed or offered for sale in interstate com-
merce: 
(A) In addition to disclosure of the United 
Nations Food and Agriculture Organization 
Major Fishing Area, or a more specific location, 
in which the fish was caught, and of the infor-
mation required to be submitted to the Sec-
retary of Commerce under section 303(a)(5) of 
the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1853(a)(5)), 
at a minimum the following information shall 
be displayed on the packaging of, or otherwise 
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accompany, seafood through processing, dis-
tribution, and final sale: 
(i) The acceptable market name (as 
determined by the Food and Drug Admin-
istration) and scientific name for the sea-
food species. 
(ii) Whether the seafood was har-
vested wild or was farm-raised. 
(iii) The method of harvest of the sea-
food including gear type as listed in section 
600.725 of title 50, Code of Federal Regu-
lations and defined in section 600.10 of 
such title. 
(iv) The date of the catch. 
(v) The weight or number, as appro-
priate, of product for an individual fish or 
lot. 
(B) If seafood has been previously frozen, 
treated with any substance (other than ice or 
water) that may affect the true weight of the 
seafood, or processed in a country other than 
that in which it was landed or harvested, by 
any harvester, processor, distributor, or retailer, 
such information shall be included in the label-
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ing of, or otherwise accompany, the seafood 
through processing, distribution, and final sale. 
(C) If the seafood was farm-raised, that in-
formation, along with information regarding the 
country of cultivation, the location of the aqua-
culture production area, and the method of cul-
tivation, shall be included in the labeling of, or 
otherwise accompany, the seafood through proc-
essing, distribution, and final sale. 
(D) No importer, processor, distributor, or 
retailer may be found to be in violation of the 
requirements under this subsection for unknow-
ingly selling a product that was already mis-
labeled upon receipt, provided that the im-
porter, processor, distributor, or retailer can 
provide the required product traceability docu-
mentation. 
(2) ALTERNATIVE MEANS OF DISCLOSURE FOR 
CERTAIN CATEGORIES OF INFORMATION.— 
(A) IN GENERAL.—Notwithstanding para-
graph (1), instead of including any category of 
information described in subparagraph (B) in 
the packaging or labeling of seafood, an im-
porter, processor, distributor, or retailer (in-
cluding a restaurant) may, with respect to such 
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category, choose to satisfy the requirements of 
this paragraph by making the information 
available upon request to any Federal, State, or 
local official authorized to conduct inspections 
of— 
(i) seafood; or 
(ii) any facility that processes or sells 
seafood. 
(B) CATEGORIES.—The categories of infor-
mation described in this subparagraph are— 
(i) the information required to be sub-
mitted to the Secretary of Commerce 
under section 303(a)(5) of the Magnuson- 
Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1853(a)(5)); 
(ii) if the seafood was farm-raised, the 
location of the aquaculture production 
area, and the method of cultivation; 
(iii) the date of the catch; and 
(iv) the weight or number, as appro-
priate, of product for an individual fish or 
lot. 
(3) DOMESTIC FISHERMEN.—Disclosure of data 
pursuant to section 303(a)(5) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
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U.S.C. 1853(a)(5)) by a person engaging in fishing 
on a vessel of the United States in the exclusive eco-
nomic zone (as those terms are used in that Act) is 
deemed to be in compliance by such person with the 
requirements implemented under paragraph (1) of 
this subsection. 
(b) REFUSAL OF ADMISSION.— 
(1) IN GENERAL.—Subject to paragraphs (3) 
and (4), all seafood imported or offered for import 
originating from an exporter shall be refused admis-
sion if— 
(A) the Secretary of Commerce finds that 
any shipment of such seafood appears to be in 
violation of subsection (a); or 
(B) the Secretary of Health and Human 
Services finds that any shipment of such sea-
food appears to be in violation of this Act or 
other applicable Federal laws or regulations. 
(2) IMPORT CERTIFICATION.—For any exporter 
whose seafood products are refused admission under 
paragraph (1) based on a prior shipment, the Sec-
retary of Health and Human Services shall deter-
mine whether to require, as a condition of granting 
admission into the United States to an article of 
seafood originating from such exporter, that such 
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seafood be accompanied by a certification or other 
assurance under section 801(q) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 381(q)). 
(3) ALLOWANCE OF INDIVIDUAL SHIPMENTS.— 
Paragraph (1) does not apply with respect to an in-
dividual shipment of seafood originating from an ex-
porter whose products must otherwise be refused ad-
mission under such paragraph if the exporter pre-
sents evidence to the Secretary of Health and 
Human Services or the Secretary of Commerce from 
a laboratory accredited under section 422 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
350k), or other equivalent evidence, documenting 
that the shipment is in compliance with the provi-
sions of subsection (a) and other applicable Federal 
laws or regulations prohibiting seafood fraud. 
(4) TERMINATION
OF
INDIVIDUAL
SHIPMENT 
SCREENING
REQUIREMENT.—Paragraph (1) shall 
cease to prohibit the admission of seafood origi-
nating from an exporter based on a prior shipment 
if the Secretary of Health and Human Services or 
the Secretary of Commerce determines that— 
(A) each prior shipment whose appearance 
triggered the application of such paragraph was 
in fact in compliance with the provisions of sub-
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section (a) and other applicable Federal laws or 
regulations, including those prohibiting seafood 
fraud; or 
(B) during the preceding 12 months, no 
shipment of seafood originating from the ex-
porter has triggered the application of para-
graph (1). 
(c) PENALTIES.—The Secretary of Commerce shall 
prevent any person from violating this Act, or any Act to 
which this section applies, in the same manner, by the 
same means, and with the same jurisdiction, powers, and 
duties as though sections 308 through 311 of the Magnu-
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1858 through 1861) were incorporated into 
and made a part of and applicable to this Act. 
(d) LIST OF OFFENDERS.—The Secretary of Com-
merce, in consultation with the Secretary of Health and 
Human Services, shall develop, maintain, and post on the 
public website of the Department of Commerce a list 
that— 
(1) includes, by country, each exporter whose 
seafood is imported or offered for import into the 
United States; and 
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(2) for each such exporter, tracks the timing, 
type, and frequency of violations of Federal law re-
lating to seafood fraud. 
(e) INSPECTIONS.—The Secretary of Commerce, in 
consultation with the Secretary of Health and Human 
Services, shall— 
(1) increase, as resources allow, the number of 
foreign and domestic seafood shipments that are in-
spected for seafood fraud by National Oceanic and 
Atmospheric Administration inspectors and author-
ized officers, including verification of compliance 
with the traceability requirements of subsection (a); 
(2) ensure that the percentage of seafood ship-
ments inspected during a given year is not lower 
than the percentage inspected during the previous 
year; and 
(3) to the maximum extent practicable, ensure 
that inspections and tests for seafood fraud preven-
tion also collect information to support the Secretary 
of Health and Human Services in implementing the 
seafood safety requirements of the FDA Food Safety 
Modernization Act (Public Law 111–353). 
(f) IMPACT ON EXISTING FOOD SAFETY AUTHOR-
ITY.—Nothing in this section shall be construed to limit 
the authority of the Secretary of Health and Human Serv-
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ices to execute or enforce food safety laws or regulations 
that may be adopted pursuant to the FDA Food Safety 
Modernization Act (Public Law 111–353). 
SEC. 4. AUTHORITY OF STATES. 
Whenever the attorney general of a State, or an offi-
cial or agency designated by a State, has reason to believe 
that any person has engaged or is engaging in a pattern 
or practice of seafood fraud in violation of subsection (a) 
or (b) of section 3, the State may bring a civil action on 
behalf of its residents to enjoin fraud, an action to recover 
for actual monetary loss or receive $10,000 in damages 
for each violation, or both such actions. If the court finds 
the defendant willfully or knowingly violated this Act, the 
court may, in its discretion, increase the amount of the 
award to an amount equal to not more than 3 times the 
amount available under the preceding sentence. Nothing 
in this section shall preclude an individual from bringing 
a civil action. 
SEC. 5. PREEMPTION. 
Nothing in this Act preempts the authority of a State 
to establish and enforce requirements for improving sea-
food safety and preventing seafood fraud that are con-
sistent with the requirements of this Act. 
SEC. 6. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘other applicable Federal laws 
and regulations’’ means Federal statutes, regula-
tions, and international agreements (other than this 
Act) pertaining to the importation, exportation, 
transportation, sale, harvest, processing, or trade of 
seafood, including the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 
et seq.), the Lacey Act Amendments of 1981 (16 
U.S.C. 3371 et seq.), the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), the FDA 
Food Safety Modernization Act (Public Law 111– 
353), the Fair Packaging and Labeling Act (15 
U.S.C. 1451 et seq.), subtitle D of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1638 et seq.), 
parts 60 and 65 of title 7, Code of Federal Regula-
tions (or any successor regulations), and part 123 of 
title 21, Code of Federal Regulations (or any suc-
cessor regulations). 
(2) The term ‘‘seafood’’ means finfish, mol-
lusks, crustaceans, and all other forms of marine 
animal and plant life other than marine mammals 
and birds. 
(3) The term ‘‘seafood fraud’’ means the 
mislabeling or misrepresentation of the information 
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required under this Act or other applicable Federal 
laws and regulations. 
Æ 
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