I 
117TH CONGRESS 
2D SESSION 
H. R. 8732 
To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety 
of imported seafood. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 19, 2022 
Mr. HIGGINS of Louisiana introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
ensure the safety of imported seafood. 
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 ‘‘Imported Seafood 
Safety Standards Act’’. 
SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD. 
(a) IN GENERAL.—Chapter VIII of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) 
is amended by adding at the end the following: 
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‘‘SEC. 810. SAFETY OF IMPORTED SEAFOOD. 
‘‘(a) REQUIREMENT OF EQUIVALENCE.— 
‘‘(1) STANDARDS FOR EXPORTING COUNTRY.— 
No seafood may be imported into the United States 
from a foreign country unless the Secretary certifies 
that the seafood imported from such country is 
maintained through a program using reliable analyt-
ical methods to ensure compliance with the United 
States standards for seafood manufacturing, proc-
essing, and holding. 
‘‘(2) INSPECTION OF EXPORTING FACILITIES.— 
In accordance with the procedures described under 
section 704, officers and employees duly designated 
by the Secretary shall conduct not less than 1 in-
spection on an annual basis of each foreign facility 
that exports seafood to the United States to ensure 
that each such foreign facility maintains a program 
using reliable analytical methods to ensure compli-
ance with the United States standards for seafood 
manufacturing, processing, and holding. In addition 
to such annual inspection, such officers and employ-
ees shall conduct periodic follow-up inspections of 
such foreign facilities as determined necessary by 
the Secretary. 
‘‘(b) MANDATORY TESTING.— 
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‘‘(1) MINIMUM TESTING.—The Secretary shall 
inspect and test not less than 20 percent of all sea-
food imported or offered for import into the United 
States each year. 
‘‘(2) NEW EXPORTERS.—Notwithstanding any 
other provision of this Act, the first 15 shipments of 
seafood imported or offered for import into the 
United States from an exporter shall be inspected 
and tested by the Secretary. 
‘‘(3) FAILURE TO PASS INSPECTION.— 
‘‘(A) ONE FAILURE.—If a shipment of sea-
food imported or offered for import into the 
United States by an exporter fails to meet an 
inspection or test requirement under this Act, 
each subsequent shipment of seafood from such 
exporter shall be inspected and tested by the 
Secretary, until 15 consecutive shipments by 
such exporter pass that inspection and testing. 
‘‘(B) MULTIPLE FAILURES.— 
‘‘(i) IN
GENERAL.—If more than 3 
shipments of seafood imported or offered 
for import into the United States by an ex-
porter fail to meet inspection or test re-
quirements under this Act during any 1- 
year period, no shipments from such ex-
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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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(1) in section 301, by adding at the end the fol-
lowing: 
‘‘(fff) Knowingly making a false statement with re-
spect to a test or inspection carried out under section 810, 
or knowingly misbranding any seafood imported under 
such section.’’; and 
(2) in section 303, by adding at the end the fol-
lowing: 
‘‘(h)(1) Any person who violates section 301(fff) shall 
be subject to a civil penalty in an amount not to exceed 
$250,000 for each such violation, and not to exceed 
$1,100,000 for all such violations after the second convic-
tion in any 3-year period. 
‘‘(2) Paragraphs (5), (6), and (7) of subsection (f) 
shall apply to a civil penalty assessment under this sub-
section in the same manner as such paragraphs apply to 
a civil penalty assessment under subsection (f)(1).’’. 
SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPEC-
TIONS. 
Chapter VIII of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 381 et seq.), as amended by section 
2, is further amended by adding at the end the following: 
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