(A) each prior shipment whose appearance 
triggered the application of such paragraph was 
in fact in compliance with the provisions of sub-
section (b) and other Federal laws or regula-
tions 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). 
(d) PENALTIES.—The violation of a requirement of 
subsection (a) is deemed to constitute a violation of section 
307(1)(A) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1857(1)(A)). 
(e) 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 Web site 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 
(2) for each such exporter, tracks the timing, 
type, and frequency of violations of Federal law re-
lating to seafood fraud. 
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(f) 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, including verification of 
compliance with the traceability requirements of sub-
section (b) (relating to traceability); 
(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 for seafood safety. 
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 (b) 
or (c) 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 
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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. REPORT TO CONGRESS. 
Beginning 18 months after the date of the enactment 
of this Act, and every two years thereafter, the Secretary 
of Commerce and the Secretary of Health and Human 
Services, in consultation with the Chairman of the Federal 
Trade Commission and the heads of other relevant Fed-
eral agencies, shall submit jointly a report to the Congress 
including— 
(1) findings with respect to— 
(A) the extent and severity of violations of 
Federal, State, and local law relating to seafood 
safety and seafood fraud; and 
(B) the health and financial impacts of 
these violations on United States consumers 
and the United States fishing industry; 
(2) an analysis of the lists required to be devel-
oped and maintained under sections 2(d) and 3(e); 
(3) an analysis of the effectiveness of the 
memorandum of understanding required by section 
2(a) in ensuring that the Department of Commerce 
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and the Department of Health and Human Services 
work to ensure seafood safety, including an assess-
ment of achieving identified performance metrics 
and timelines; 
(4) an assessment of the technological assets 
available for addressing seafood safety and fraud, in-
cluding traceability, and an assessment of the tech-
nological gaps and needs that exist; 
(5) information related to the implementation 
of any agreement entered into pursuant to section 2 
of this Act or section 421 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350j); 
(6) detailed information on the inspection, en-
forcement, and consumer outreach activities, includ-
ing the number of inspections, enforcement actions, 
consumer outreach activities, personnel, and re-
sources utilized by the National Oceanic and Atmos-
pheric Administration, the Food and Drug Adminis-
tration, and the Federal Trade Commission to carry 
out this Act, including the degree of coordination of 
actions to address seafood safety and seafood fraud; 
and 
(7) recommendations on any additional authori-
ties, budget, or personnel necessary to improve sea-
food safety and prevent seafood fraud. 
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SEC. 6. 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, or in addition to, the requirements of this 
Act. 
SEC. 7. DEFINITIONS. 
In this Act: 
(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), and part 123 of title 21, Code of Federal Reg-
ulations (or any successor regulations). 
(2) The term ‘‘seafood’’ means fish, shellfish, 
and processed fish or shellfish products. 
(3) The term ‘‘seafood fraud’’ means the 
mislabeling or misrepresentation of seafood in viola-
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