Title: Imported Seafood Testing Act
Policy area: Health

Summary:
Imported Seafood Testing Act
This bill requires the Food and Drug Administration (FDA) to inspect a certain amount of imported seafood each year and contains other provisions related to imported seafood.
Specifically, the FDA must inspect at least 20% of all imported seafood each year and must also inspect the first 15 shipments imported into the United States by a new exporter.
The bill also imposes various requirements and penalties for failed inspections, including by (1) requiring the destruction of a shipment that would have caused significant health risks, and (2) barring imports from a country with a pattern of failed inspections.
The bill also imposes civil penalties for knowingly making a false statement with respect to such inspections or misbranding imported seafood.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8146 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8146

To amend the Federal Food, Drug, and Cosmetic Act to ensure the safety 
                          of imported seafood.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2020

   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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Imported Seafood Testing 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:

``SEC. 810. SAFETY OF IMPORTED SEAFOOD.

    ``(a) Mandatory Testing.--
            ``(1) Minimum testing.--The Secretary shall inspect and 
        test not less than 20 percent of all seafood 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 seafood 
                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 exporter fail to meet 
                        inspection or test requirements under this Act 
                        during any 1-year period, no shipments from 
                        such exporter may be imported or offered for 
                        import into the United States for the following 
                        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 program using reliable analytical 
                        methods to ensure compliance with the United 
                        States standards for seafood manufacturing, 
                        processing, and holding.
                            ``(ii) Determination by secretary.--
                        Shipments of seafood imported or offered for 
                        import into the United States by an exporter 
                        that has been subject to a 1-year suspension 
                        period and a certification under clause (i) 
                        shall be inspected at a rate determined 
                        appropriate by the Secretary for a period of 
                        time as determined appropriate by the 
                        Secretary.
                    ``(C) Pattern of failures.--If the Secretary 
                determines that shipments of seafood imported or 
                offered for import into the United States from a 
                particular country repeatedly fail 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 
                certification described in subparagraph (B)(i).
            ``(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 covered into the Treasury and shall be 
        available to the Secretary for expenditures incurred in 
        carrying out the purposes of this subsection.
    ``(b) 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 standards established by the 
        Secretary, such shipment shall be detained or destroyed unless 
        the imported shipment meets criteria for re-export, as 
        determined 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 destroyed, 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: REFUSED ENTRY'.
            ``(3) Exporting to foreign country.--If the appropriate 
        authority of a foreign country notifies 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 shipment may be released to the importer for 
        exportation to such foreign country.
            ``(4) Destruction of shipment.--If the Secretary deems that 
        a shipment rejected under paragraph (1), if it had been allowed 
        entry, could have caused significant health risks if consumed 
        by humans, the shipment shall be destroyed, notwithstanding the 
        receipt of a notification under paragraph (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.
    ``(c) Reporting.--The Secretary shall maintain a public webpage on 
the website of the Food and Drug Administration tracking all shipments 
that are detained or destroyed, and the status of any importing 
countries failing to meet minimum standards.''.
    (b) Prohibited Act; Penalties.--Chapter III of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended--
            (1) in section 301, by adding at the end the following:
    ``(fff) Knowingly making a false statement with respect 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 following:
    ``(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 $250,000 for each such violation and not 
to exceed $1,100,000 for all such violations after the second 
conviction in any 3-year period.
    ``(2) Paragraphs (5), (6), and (7) of subsection (f) shall apply to 
a civil penalty assessment under this subsection in the same manner as 
such paragraphs apply to a civil penalty assessment under subsection 
(f)(1).''.
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