(c) EXISTING GUIDELINES.—The Program shall be
consistent with guidelines adopted by the Conference pur-
suant to the Memorandum of Understanding between the
Conference and the Food and Drug Administration, dated
March 14, 1984.
(d) REVIEW AND REVISION.—The Secretary, in con-
sultation with the Conference, shall periodically review and
revise the Program to ensure that the program continues
to carry out the purposes of this Act.
SEC. 4. DOMESTIC SHELLFISH SAFETY.
(a) STATE SHELLFISH SAFETY PROGRAMS.—Each
shellfish producing State shall submit to the Secretary,
within 6 months after the establishment of the Program
and annually thereafter—
(1) a proposed State shellfish safety program
to—
(A) manage its shellfish safety program
consistent with the Program;
(B) monitor and classify shellfish growing
and harvest areas in the State consistent with
the Program;
(C) establish procedures for the closure
and reopening of shellfish growing and harvest
areas in the State that do not meet the stand-
ards of the Program;
(D) certify those shellfish shippers in the
State that comply with the requirements of the
Program; and
(E) provide adequate monitoring and en-
forcement to ensure that standards and proce-
dures established under the Program are met.
(b) CERTIFIED SHELLFISH SHIPPERS LIST.—Each
State shall submit to the Secretary each month, a list of
those shellfish shippers that are certified by the State as
meeting the requirements of the Program.
(c) CLASSIFIED WATERS LIST.—Each shellfish pro-
ducing State shall submit to the Secretary each month,
a list of those shellfish harvesting and growing waters that
are classified by the State as meeting the requirements
of the Program.
SEC. 5. IMPORTED SHELLFISH SAFETY.
(a) MEMORANDUM OF UNDERSTANDING.—After the
date of the establishment of the Program, the Secretary
may enter into a memorandum of understanding with any
foreign country which the Secretary determines has a
shellfish safety program that is at least equivalent to the
Program.
(b) CONTENTS.—A memorandum of understanding
entered into by the Secretary under this section shall—
(1) provide for such verification activities by the
Secretary as the Secretary considers appropriate to
determine that the shellfish safety program of the
foreign country is at least equivalent to the Pro-
gram; and
(2) require the foreign country to—
(A) manage its shellfish safety program
under standards and procedures that are at
least equivalent to the Program;
(B) certify to the Secretary those shellfish
shippers located in the foreign country that
comply with the Program; and
(C) maintain and make available to the
Secretary a list of those shellfish harvesting and
growing waters of the foreign country that are
classified by the foreign country as meeting re-
quirements at least equivalent to the Program.
SEC. 6. PUBLICATION OF LISTS.
The Secretary shall, within 60 days after the estab-
lishment of the Program—
(1) establish, maintain, publish, and distribute
monthly a list of those shellfish shippers that are
certified by a State or a foreign country as meeting
the requirements of the Program; and
(2) establish, maintain, publish, and distribute
monthly a list of those shellfish harvesting and
growing waters that are classified by States and for-
eign countries as meeting the requirements of the
Program.
SEC. 7. DELISTING OF CERTIFIED SHIPPERS.
After consultation with the appropriate State or for-
eign shellfish control agency and the Conference, the Sec-
retary may remove a shellfish shipper from the list under
section 6(1) if the Secretary determines that—
(1) the shipper is not in compliance with the
standards and procedures established under the Pro-
gram that are applicable to the shipper; and
(2) the State or foreign country which certified
that shipper under section 4(b) or 5(b)(2)(A), re-
spectively, has not taken appropriate action with re-
spect to that noncompliance.
SEC. 8. CERTAIN SHELLFISH DEEMED UNFIT FOR HUMAN
CONSUMPTION.
Shellfish is deemed to be adulterated for purposes of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) if—
(1) it is grown or harvested in a foreign country
that has not entered into a memorandum of under-
standing with the Secretary in accordance with sec-
tion 5 within 6 months after the date of the enact-
ment of the Program;
(2) it is grown or harvested in a State that does
not have State shellfish safety program that is ap-
proved by the Secretary under section 4;
(3) it is harvested from waters that—
(A) have not been classified by a State or
a foreign country as meeting the requirements
of the Program; or
(B) are otherwise deemed by the Secretary
to be unsuitable for harvesting; or
(4) it is shipped by a shellfish shipper not on
the list published by the Secretary under section
6(1).
SEC. 9. ASSISTANCE FOR STATE SHELLFISH SAFETY PRO-
GRAMS.
The Secretary may enter into cooperative agreements
with States for developing, implementing, and maintaining
State shellfish safety programs in accordance with the
Program.
SEC. 10. RESTORATION OF SHELLFISH GROWING AND HAR-
VEST WATERS.
(a) EVALUATION.—The Secretary of Commerce shall,
in cooperation with the Administrator of the Environ-
mental Protection Agency and the States—
(C) includes any such species that is
shucked, in the shell, fresh, frozen, canned,
cooked, thermally processed, or breaded;
(5) ‘‘State’’ means any of the several States,
the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the Vir-
gin Islands, and any other territory of possession of
the United States; and
(6) ‘‘shellfish shipper’’ means any person that
shucks, packs, repacks, ships, or processes (includ-
ing cooking, canning, freezing, depurating, breading,
thermal processing, or other handling) shellfish in
interstate commerce.
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