I 
113TH CONGRESS 
1ST SESSION H. R. 1012 
To strengthen Federal consumer protection and product traceability with 
respect to commercially marketed seafood, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2013 
Mr. MARKEY (for himself, Mr. JONES, Mr. BONNER, Mrs. CAPPS, Mr. TIER-
NEY, and Mr. KEATING) introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittees 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 jurisdiction of the com-
mittee 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 ‘‘Safety And Fraud En-
forcement for Seafood Act’’. 
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SEC. 2. SEAFOOD SAFETY. 
(a) INTERAGENCY AGREEMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Commerce and the Secretary of Health and 
Human Services shall execute a memorandum of under-
standing to improve interagency cooperation on seafood 
safety and seafood fraud prevention, building upon any 
agreement under section 421(c) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 350j(c)), or any other 
prior agreement. The memorandum shall include provi-
sions, performance metrics, and timelines as appropriate 
to improve such cooperation (acting under provisions of 
law other than this subsection) to— 
(1) identify and execute specific procedures for 
using authorities granted under the FDA Food Safe-
ty Modernization Act (Public Law 111–353) to en-
sure and improve the safety of commercially mar-
keted seafood in the United States; 
(2) maximize the effectiveness of limited per-
sonnel and resources by ensuring that— 
(A) inspections of seafood shipments and 
seafood processing and production facilities by 
the National Oceanic and Atmospheric Admin-
istration and the Food and Drug Administra-
tion are not duplicative; and 
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(B) information resulting from examina-
tions, testing, and inspections conducted by the 
Department of Commerce is considered in mak-
ing risk-based determinations, including the es-
tablishment of inspection priorities for domestic 
and foreign facilities and the examination and 
testing of domestic and imported seafood; 
(3) create a process— 
(A) by which data collected by all seafood 
inspectors and authorized officers of the Na-
tional Oceanic and Atmospheric Administration 
authorized to conduct inspections of seafood 
shipments, or inspections of facilities that proc-
ess or sell seafood, will be utilized by the Food 
and Drug Administration beginning no later 
than one year after the enactment of this Act; 
(B) by which data collected by either of 
these agencies is shared to maximize efficiency 
and enforcement of seafood safety efforts; and 
(C) which may include increased training 
of National Oceanic and Atmospheric Adminis-
tration agents through the existing Food and 
Drug Administration programs; 
(4) create a process by which— 
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(A) data collected by inspectors and offi-
cers of other Federal, State, or local agencies 
authorized to conduct inspections of seafood, or 
inspections of facilities that process or sell sea-
food, will be utilized by the Food and Drug Ad-
ministration; and 
(B) data collected by these inspectors and 
officials is shared with the National Oceanic 
and Atmospheric Administration and the Food 
and Drug Administration to maximize efficiency 
and enforcement of seafood safety efforts; and 
(5) ensure that the National Oceanic and At-
mospheric Administration’s Seafood Inspection Pro-
gram is fully utilized as a third-party auditor pursu-
ant to section 808 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 384d) to inspect imported 
seafood or seafood offered for import originating 
from any country or exporter. 
(b) COORDINATION.— 
(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-
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gram to provide outreach to the States, 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 prevention. 
(c) 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 Web site 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. 
(d) 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). 
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SEC. 3. SEAFOOD IDENTIFICATION. 
(a) LIST
OF STANDARDIZED NAMES
FOR SEA-
FOOD.— 
(1) UPDATE.—Beginning not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Health and Human Services, in con-
sultation with the Secretary of Commerce, shall 
maintain and update as appropriate its ‘‘Guide to 
Acceptable Market Names for Seafood Sold in Inter-
state Commerce’’ as a list of standardized names for 
identification of seafood at the distribution, mar-
keting, and retail stages. 
(2) CONTENTS.—The list maintained under 
paragraph (1) shall— 
(A) include scientific names, acceptable 
market names, and common or regional names 
for all seafood species distributed in interstate 
commerce in the United States, and indicate 
clearly— 
(i) which of those names may be used 
to identify seafood; and 
(ii) examples of names which con-
stitute mislabeling in violation of Federal 
law; 
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(B) take into account taxonomy, inter-
national law and custom, market information, 
and naming precedence; 
(C) identify names for seafood as appro-
priate only if the Secretary of Commerce deter-
mines the names are not likely to confuse or 
mislead consumers; and 
(D) include information regarding any con-
sumption advisory that has been issued for the 
seafood. 
(3) AVAILABILITY.—The list maintained under 
paragraph (1) shall be— 
(A) made available to the public on the 
Web sites of the Department of Health and 
Human Services and the Department of Com-
merce; and 
(B) updated annually based on the best 
available scientific and market information. 
(4) PUBLIC INPUT.—The Secretary of Health 
and Human Services shall use its existing citizen pe-
tition process in accepting petitions to amend the 
list maintained under paragraph (1). 
(b) SEAFOOD TRACEABILITY REQUIREMENTS.—Be-
ginning on the date that is 180 days after the date of 
the enactment of this Act, the Secretary of Commerce, in 
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consultation with the Secretary of Health and Human 
Services, shall implement the following requirements with 
respect to seafood imported into the United States or oth-
erwise distributed or offered for sale in interstate com-
merce: 
(1) In addition to disclosure of the United Na-
tions Food and Agriculture Organization Major 
Fishing Area, or a more specific location, in which 
the fish was caught, of the information required to 
be submitted to the Secretary 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 informa-
tion shall be displayed on the packaging of, or other-
wise accompany, seafood through processing, dis-
tribution, and final sale: 
(A) The acceptable market name and sci-
entific name for the seafood species, as speci-
fied in the list maintained under subsection 
(a)(1). 
(B) The method of harvest of the seafood 
including gear type as listed in section 600.725 
of title 50, Code of Federal Regulations and de-
fined in section 600.10 of such title. 
(C) The date of the catch. 
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(D) The weight or number, as appropriate, 
of product for an individual fish or lot. 
(2) If seafood has been previously frozen, treat-
ed with any substance (other than ice or water) that 
may affect the true weight of the seafood, or proc-
essed in a country other than that in which it was 
landed or harvested, by any harvester, processor, 
distributor, or retailer, such information shall be in-
cluded in the labeling of, or otherwise accompany, 
the seafood through processing, distribution, and 
final sale. 
(3) If the seafood was farm-raised, that infor-
mation, along with information regarding the coun-
try of cultivation, the location of the aquaculture 
production area, and the method of cultivation, shall 
be included in the labeling of, or otherwise accom-
pany, the seafood through processing, distribution, 
and final sale. 
(4) With respect to any information required by 
paragraph (1) or (2) to be included in the labeling 
of, or otherwise accompany, seafood, an importer, 
processor, distributor, or retailer (including a res-
taurant) may satisfy such requirement by making 
the information available upon request— 
(A) to anyone purchasing the seafood; and 
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(B) to any Federal, State, or local official 
authorized to conduct inspections of— 
(i) seafood; or 
(ii) any facility that processes or sells 
seafood. 
(5) No importer, processor, distributor, or re-
tailer may be found to be in violation of the require-
ments under this subsection for unknowingly selling 
a product that was already mislabeled upon receipt, 
provided that the importer, processor, distributor, or 
retailer can provide the required product traceability 
documentation. 
(c) 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 (b); 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. 
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(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 
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 (b) and other applicable Federal 
laws or regulations prohibiting seafood fraud. 
(4) TERMINATION
OF
INDIVIDUAL
SHIPMENT 
SCREENING
REQUIREMENT.—Paragraph (1) shall 
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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-
section (b) 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). 
(d) 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. 
(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 
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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. 
(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 by National Oceanic and 
Atmospheric Administration inspectors and author-
ized officers, including verification of compliance 
with the traceability requirements of subsection (b); 
(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 
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seafood safety requirements of the FDA Food Safety 
Modernization Act (Public Law 111–353). 
(g) 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-
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 (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 
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. 
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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(c) 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 
and the Department of Health and Human Services 
work to ensure seafood safety, including an assess-
ment of achieving identified performance metrics 
and timelines established to reduce duplication of ef-
fort and increase collection and integration of in-
spections data; 
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(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. 
SEC. 6. PREEMPTION. 
Nothing in this Act preempts the authority of a State 
to establish and enforce requirements for improving sea-
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food safety and preventing seafood fraud that are con-
sistent with 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), 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 fish, shellfish, 
and processed fish or shellfish products. 
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(3) The term ‘‘seafood fraud’’ means the 
mislabeling or misrepresentation of the information 
required under this Act or other applicable Federal 
laws and regulations. 
Æ 
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