,,ii  #aacth ,,congress  #ast ,session  
,s4 #ebj  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #aa1 #bjac   
,mr4 ,begich 7for himself and ,mrs4     
,boxer7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to         
strengthen ,federal consumer protection 
and product traceability with respect to
 commercially marketed seafood1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,safety ,and   
,fraud ,enforcement for ,seafood ,act4  
#b4 ,seafood safety  7a7 ,interagency   
agreement ,not later than #ahj days     
after the date of the enactment of this 
,act1 the ,secretary of ,commerce and   
the ,secretary of ,health and ,human    
,services shall execute a memorandum of 
understanding to improve interagency    
cooperation on seafood safety and       
seafood fraud prevention1 building upon 
any agreement under section #dba7;c7 of 
the ,federal ,food1 ,drug1 and ,cosmetic

 ,act 7#ba ,u4,s4,c4 #cej;j7c771 or any 
other prior agreement4 ,the memorandum  
shall include provisions1 performance   
metrics1 and timelines as appropriate to
 improve such cooperation 7acting under 
provisions of law other than this       
subsection7 to--  7#a7 identify and     
execute specific procedures for using   
authorities granted under the ,,fda     
,food ,safety ,modernization ,act       
7,public ,law #aaa-cec7 to ensure and   
improve the safety of commercially      
marketed seafood in the ,united ,states2
  7#b7 maximize the effectiveness of    
limited personnel and resources by      
ensuring that--  7,a7 inspections of    
seafood shipments and seafood processing
 and production facilities by the       
,national ,oceanic and ,atmospheric     
,administration and the ,food and ,drug 
,administration are not duplicative2 and
  7,b7 information resulting from       
examinations1 testing1 and inspections  
conducted by the ,department of         
,commerce is considered in making       

risk-based determinations1 including the
 establishment of inspection priorities 
for domestic and foreign facilities and 
the examination and testing of domestic 
and imported seafood2  7#c7 create a    
process--  7,a7 by which data collected 
by all seafood inspectors and authorized
 officers of the ,national ,oceanic and 
,atmospheric ,administration authorized 
to conduct inspections of seafood       
shipments1 or inspections of facilities 
that process or sell seafood1 will be   
utilized by the ,food and ,drug         
,administration beginning no later than 
one year after the enactment of this    
,act2  7,b7 by which data collected by  
either of these agencies is shared to   
maximize efficiency and enforcement of  
seafood safety efforts2 and  7,c7 which 
may include increased training of       
,national ,oceanic and ,atmospheric     
,administration agents through the      
existing ,food and ,drug ,administration
 programs2  7#d7 create a process by    
which--  7,a7 data collected by         

inspectors and officers of other        
,federal1 ,state1 or local agencies     
authorized to conduct inspections of    
seafood1 or inspections of facilities   
that process or sell seafood1 will be   
utilized by the ,food and ,drug         
,administration2 and  7,b7 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       
efforts2 and  7#e7 ensure that the      
,national ,oceanic and ,atmospheric     
,administration's ,seafood ,inspection  
,program is fully utilized as a         
third-party auditor pursuant to section 
#hjh of the ,federal ,food1 ,drug1 and  
,cosmetic ,act 7#ba ,u4,s4,c4 #chd;d7 to
 inspect imported seafood or seafood    
offered for import originating from any 
country or exporter4  7b7 ,coordination 
7#a7 ,national sea grant college program
 ,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 program to   
provide outreach to the ,states1        
consumers1 and the seafood industry on  
seafood safety4  7#b7 ,inspecting to    
prevent seafood fraud ,the ,secretary of
 ,commerce and the ,secretary of ,health
 and ,human ,services shall1 to the     
maximum extent practicable1 ensure that 
inspections and tests for seafood safety
 also collect information for seafood   
fraud prevention4  7c7 ,list of         
offenders ,the ,secretary of ,health and
 ,human ,services1 in consultation with 
the ,secretary of ,commerce1 shall      
develop1 maintain1 and post on the      
public ,web site of the ,department of  
,health and ,human ,services a list     
that--  7#a7 includes1 by country1 each 
exporter whose seafood is imported or   
offered for import into the ,united     
,states2 and  7#b7 for each such        

exporter1 tracks the timing1 type1 and  
frequency of violations of ,federal law 
relating to seafood safety4  7d7 ,impact
 on existing food safety authority      
,nothing in this section limits the     
authority of the ,secretary of ,health  
and ,human ,services to execute or      
enforce food safety laws1 including the 
,,fda ,food ,safety ,modernization ,act 
7,public ,law #aaa-cec74  #c4 ,seafood  
identification  7a7 ,list of            
,standardized ,names for ,seafood  7#a7 
,update ,beginning not later than #ahj  
days after the date of the enactment of 
this ,act1 the ,secretary of ,health and
 ,human ,services1 in consultation with 
the ,secretary of ,commerce1 shall      
maintain and update as appropriate its  
,guide to ,acceptable ,market ,names for
 ,seafood ,sold in ,interstate ,commerce
 as a list of standardized names for    
identification of seafood at the        
distribution1 marketing1 and retail     
stages4  7#b7 ,contents ,the list       
maintained under paragraph 7#a7 shall-- 

7,a7 include scientific names1          
acceptable market names1 and common or  
regional names for all seafood species  
distributed in interstate commerce in   
the ,united ,states1 and indicate       
clearly--  7i7 which of those names may 
be used to identify seafood2 and  7ii7  
examples of names which constitute      
mislabeling in violation of ,federal    
law2  7,b7 take into account taxonomy1  
international law and custom1 market    
information1 and naming precedence2     
7,c7 identify names for seafood as      
appropriate only if the ,secretary of   
,commerce determines the names are not  
likely to confuse or mislead consumers2 
and  7,d7 include information regarding 
any consumption advisory that has been  
issued for the seafood4  7#c7           
,availability ,the list maintained under
 paragraph 7#a7 shall be--  7,a7 made   
available to the public on the ,web     
sites of the ,department of ,health and 
,human ,services and the ,department of 
,commerce2 and  7,b7 updated annually   

based on the best available scientific  
and market information4  7#d7 ,public   
,input ,the ,secretary of ,health and   
,human ,services shall use its existing 
citizen petition process in accepting   
petitions to amend the list maintained  
under paragraph 7#a74  7b7 ,seafood     
,traceability ,requirements ,beginning  
on the date that is #ahj days after the 
date of the enactment of this ,act1 the 
,secretary of ,commerce1 in consultation
 with the ,secretary of ,health and     
,human ,services1 shall implement the   
following requirements with respect to  
seafood imported into the ,united       
,states or otherwise distributed or     
offered for sale in interstate commerce3
  7#a7 ,in addition to disclosure of the
 ,united ,nations ,food and ,agriculture
 ,organization ,major ,fishing ,area1 or
 a more specific location1 in which the 
fish was caught1 of the information     
required to be submitted to the         
,secretary of ,commerce under section   
#cjc7;a77#e7 of the ,magnuson-,stevens  

,fishery ,conservation and ,management  
,act 7#af ,u4,s4,c4 #ahec7;a77#e771 at a
 minimum the following information shall
 be displayed on the packaging of1 or   
otherwise accompany1 seafood through    
processing1 distribution1 and final     
sale3  7,a7 ,the acceptable market name 
and scientific name for the seafood     
species1 as specified in the list       
maintained under subsection 7a77#a74    
7,b7 ,the date of the catch4  7,c7 ,the 
weight or number1 as appropriate1 of    
product for an individual fish or lot4  
7#b7 ,if seafood has been previously    
frozen1 treated with any substance      
7other than ice or water7 that may      
affect the true weight of the seafood1  
or processed in a country other than    
that in which it was landed or          
harvested1 by any harvester1 processor1 
distributor1 or retailer1 such          
information shall be included in the    
labeling of1 or otherwise accompany1 the
 seafood through processing1            
distribution1 and final sale4  7#c7 ,if 

the seafood was farm-raised1 that       
information1 along with information     
regarding the country of cultivation1   
the location of the aquaculture         
production area1 and the method of      
cultivation1 shall be included in the   
labeling of1 or otherwise accompany1 the
 seafood through processing1            
distribution1 and final sale4  7#d7     
,with respect to any information        
required by paragraph 7#a7 or 7#b7 to be
 included in the labeling of1 or        
otherwise accompany1 seafood1 an        
importer1 processor1 distributor1 or    
retailer 7including a restaurant7 may   
satisfy such requirement by making the  
information available upon request--    
7,a7 to anyone purchasing the seafood2  
and  7,b7 to any ,federal1 ,state1 or   
local official authorized to conduct    
inspections of--  7i7 seafood2 or  7ii7 
any facility that processes or sells    
seafood4  7#e7 ,no importer1 processor1 
distributor1 or retailer may be found to
 be in violation of the requirements    

under this subsection for unknowingly   
selling a product that was already      
mislabeled upon receipt1 provided that  
the importer1 processor1 distributor1 or
 retailer can provide the required      
product traceability documentation4  7c7
 ,refusal of admission  7#a7 ,in general
 ,subject to paragraphs 7#c7 and 7#d71  
all seafood imported or offered for     
import originating from an exporter     
shall be refused admission if--  7,a7   
the ,secretary of ,commerce finds that  
any shipment of such seafood appears to 
be in violation of subsection 7b72 or   
7,b7 the ,secretary of ,health and      
,human ,services finds that any shipment
 of such seafood appears to be in       
violation of this ,act or other         
applicable ,federal laws or regulations4
  7#b7 ,import certification ,for any   
exporter whose seafood products are     
refused admission under paragraph 7#a7  
based on a prior shipment1 the          
,secretary of ,health and ,human        
,services shall determine whether to    

require1 as a condition of granting     
admission into the ,united ,states to an
 article of seafood originating from    
such exporter1 that such seafood be     
accompanied by a certification or other 
assurance under section #hja7q7 of the  
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #cha7q774  7#c7     
,allowance of individual shipments      
,paragraph 7#a7 does not apply with     
respect to an individual shipment of    
seafood originating from an exporter    
whose products must otherwise be refused
 admission under such paragraph if the  
exporter presents evidence to the       
,secretary of ,health and ,human        
,services or the ,secretary of ,commerce
 from a laboratory accredited under     
section #dbb of the ,federal ,food1     
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4
 #cejk71 or other equivalent evidence1  
documenting that the shipment is in     
compliance with the provisions of       
subsection 7b7 and other applicable     
,federal laws or regulations prohibiting

 seafood fraud4  7#d7 ,termination of   
individual shipment screening           
requirement ,paragraph 7#a7 shall cease 
to prohibit the admission of seafood    
originating from an exporter based on a 
prior shipment if the ,secretary of     
,health and ,human ,services or the     
,secretary of ,commerce determines      
that--  7,a7 each prior shipment whose  
appearance triggered the application of 
such paragraph was in fact in compliance
 with the provisions of subsection 7b7  
and other applicable ,federal laws or   
regulations1 including those prohibiting
 seafood fraud2 or  7,b7 during the     
preceding #ab months1 no shipment of    
seafood originating from the exporter   
has triggered the application of        
paragraph 7#a74  7d7 ,penalties ,the    
,secretary of ,commerce shall prevent   
any person from violating this ,act1 or 
any ,act to which this section applies1 
in the same manner1 by the same means1  
and with the same jurisdiction1 powers1 
and duties as though sections #cjh      

through #caa of the ,magnuson-,stevens  
,fishery ,conservation and ,management  
,act 7#af ,u4,s4,c4 #aheh through #ahfa7
 were incorporated into and made a part 
of and applicable to this ,act4  7e7    
,list of offenders ,the ,secretary of   
,commerce1 in consultation with the     
,secretary of ,health and ,human        
,services1 shall develop1 maintain1 and 
post on the public ,web site of the     
,department of ,commerce a list that--  
7#a7 includes1 by country1 each exporter
 whose seafood is imported or offered   
for import into the ,united ,states2 and
  7#b7 for each such exporter1 tracks   
the timing1 type1 and frequency of      
violations of ,federal law relating to  
seafood fraud4  7f7 ,inspections ,the   
,secretary of ,commerce1 in consultation
 with the ,secretary of ,health and     
,human ,services1 shall--  7#a7         
increase1 as resources allow1 the number
 of foreign and domestic seafood        
shipments that are inspected for seafood
 fraud by ,national ,oceanic and        

,atmospheric ,administration inspectors 
and authorized officers1 including      
verification of compliance with the     
traceability requirements of subsection 
7b72  7#b7 ensure that the percentage of
 seafood shipments inspected during a   
given year is not lower than the        
percentage inspected during the previous
 year2 and  7#c7 to the maximum extent  
practicable1 ensure that inspections and
 tests for seafood fraud prevention 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 7,public    
,law #aaa-cec74  7g7 ,impact on existing
 food safety authority ,nothing in this 
section shall be construed to limit the 
authority of the ,secretary of ,health  
and ,human ,services to execute or      
enforce food safety laws or regulations 
that may be adopted pursuant to the     
,,fda ,food ,safety ,modernization ,act 
7,public ,law #aaa-cec74  #d4 ,authority

 of ,states ,whenever the attorney      
general of a ,state1 or an official or  
agency designated by a ,state1 has      
reason to believe that any person has   
engaged or is engaging in a pattern or  
practice of seafood fraud in violation  
of subsection 7b7 or 7c7 of section #c1 
the ,state may bring a civil action on  
behalf of its residents to enjoin fraud1
 an action to recover for actual        
monetary loss or receive #aj1jjj in     
damages for each violation1 or both such
 actions4 ,if the court finds the       
defendant willfully or knowingly        
violated this ,act1 the court may1 in   
its discretion1 increase the amount of  
the award to an amount equal to not more
 than #c times the amount available     
under the preceding sentence4 ,nothing  
in this section shall preclude an       
individual from bringing a civil action4
  #e4 ,report to ,congress ,beginning   
#ah months after the date of the        
enactment of this ,act1 and every two   
years thereafter1 the ,secretary of     

,commerce and the ,secretary of ,health 
and ,human ,services1 in consultation   
with the ,chairman of the ,federal      
,trade ,commission and the heads of     
other relevant ,federal agencies1 shall 
submit jointly a report to the ,congress
 including--  7#a7 findings with respect
 to--  7,a7 the extent and severity of  
violations of ,federal1 ,state1 and     
local law relating to seafood safety and
 seafood fraud2 and  7,b7 the health and
 financial impacts of these violations  
on ,united ,states consumers and the    
,united ,states fishing industry2  7#b7 
an analysis of the lists required to be 
developed and maintained under sections 
#b7;c7 and #c7;e72  7#c7 an analysis of 
the effectiveness of the memorandum of  
understanding required by section #b7;a7
 in ensuring that the ,department of    
,commerce and the ,department of ,health
 and ,human ,services work to ensure    
seafood safety1 including an assessment 
of achieving identified performance     
metrics and timelines established to    

reduce duplication of effort and        
increase collection and integration of  
inspections data2  7#d7 an assessment of
 the technological assets available for 
addressing seafood safety and fraud1    
including traceability1 and an          
assessment of the technological gaps and
 needs that exist2  7#e7 information    
related to the implementation of any    
agreement entered into pursuant to      
section #b of this ,act or section #dba 
of the ,federal ,food1 ,drug1 and       
,cosmetic ,act 7#ba ,u4,s4,c4 #cej;j72  
7#f7 detailed information on the        
inspection1 enforcement1 and consumer   
outreach activities1 including the      
number of inspections1 enforcement      
actions1 consumer outreach activities1  
personnel1 and resources utilized by the
 ,national ,oceanic and ,atmospheric    
,administration1 the ,food and ,drug    
,administration1 and the ,federal ,trade
 ,commission to carry out this ,act1    
including the degree of coordination of 
actions to address seafood safety and   

seafood fraud2 and  7#g7 recommendations
 on any additional authorities1 budget1 
or personnel necessary to improve       
seafood safety and prevent seafood      
fraud4  #f4 ,preemption ,nothing in this
 ,act preempts the authority of a ,state
 to establish and enforce requirements  
for improving seafood safety and        
preventing seafood fraud that are       
consistent with the requirements of this
 ,act4  #g4 ,definitions ,in this ,act3 
7#a7 ,the term other applicable ,federal
 laws and regulations means ,federal    
statutes1 regulations1 and international
 agreements 7other than this ,act7      
pertaining to the importation1          
exportation1 transportation1 sale1      
harvest1 processing1 or trade of        
seafood1 including the                  
,magnuson-,stevens ,fishery             
,conservation and ,management ,act 7#af 
,u4,s4,c4 #ahja et seq471 the ,lacey    
,act ,amendments of #aiha 7#af ,u4,s4,c4
 #ccga et seq471 the ,federal ,food1    
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4

 #cja et seq471 the ,,fda ,food ,safety 
,modernization ,act 7,public ,law       
#aaa-cec71 the ,fair ,packaging and     
,labeling ,act 7#ae ,u4,s4,c4 #adea et  
seq471 subtitle ,d of the ,agricultural 
,marketing ,act of #aidf 7#g ,u4,s4,c4  
#afch et seq471 parts #fj and #fe of    
title #g1 ,code of ,federal ,regulations
 7or any successor regulations71 and    
part #abc of title #ba1 ,code of        
,federal ,regulations 7or any successor 
regulations74  7#b7 ,the term seafood   
means fish1 shellfish1 and processed    
fish or shellfish products4  7#c7 ,the  
term seafood fraud means the mislabeling
 or misrepresentation of the information
 required under this ,act or other      
applicable ,federal laws and            
regulations4