State, or local official authorized to conduct in-
spections 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. 
(5) DOMESTIC FISHERMEN.—Disclosure of data 
pursuant to section 303(a)(5) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1853(a)(5)) by a person engaging in fishing 
on a vessel of the United States (as that term is 
used in that Act) is deemed to be in compliance by 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
such person with the requirements implemented 
under paragraphs (1) and (2). 
(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 
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)). 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
(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-
section (a) and other applicable Federal laws or 
regulations, including those prohibiting seafood 
fraud; or 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
(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 
(2) for each such exporter, tracks the timing, 
type, and frequency of violations of Federal law re-
lating to seafood fraud. 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
(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)(1); 
(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-
ices to execute or enforce food safety laws or regulations 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
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: 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
(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, shellfish, 
processed fish, 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 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS
required under this Act or other applicable Federal 
laws and regulations. 
Æ 
VerDate Sep 11 2014 
00:53 Jul 13, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H3108.IH
H3108
rfrederick on DSK3GLQ082PROD with BILLS