,,ii #aadth ,,congress #ast ,session ,s4 #aij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bj1 #bjae,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to ensure the safety of imported seafood4 #a4 ,short title ,this ,act may be cited as the ,imported ,seafood ,safety ,standards ,act4 #b4 ,ensuring the safety of imported seafood 7a7 ,in general ,chapter ,,viii of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha et seq47 is amended by adding at the end the following3 #haj4 ,safety of imported seafood 7a7 ,requirement of equivalence 7#a7 ,standards for exporting country ,no seafood may be imported into the ,united ,states from a foreign country unless the ,secretary certifies that the seafood imported from such country is maintained through a program using reliable analytical methods to ensure compliance with the ,united ,states standards for seafood manufacturing1 processing1 and holding4 7#b7 ,inspection of exporting facilities ,in accordance with the procedures described under section #gjd1 officers and employees duly designated by the ,secretary shall conduct not less than #a inspection on an annual basis of each foreign facility that exports seafood to the ,united ,states to ensure that each such foreign facility maintains a program using reliable analytical methods to ensure compliance with the ,united ,states standards for seafood manufacturing1 processing1 and holding4 ,in addition to such annual inspection1 such officers and employees shall conduct periodic follow-up inspections of such foreign facilities as determined necessary by the ,secretary4 7b7 ,mandatory testing 7#a7 ,minimum testing ,the ,secretary shall inspect and test not less than #bj percent of all seafood imported or offered for import into the ,united ,states each year4 7#b7 ,new exporters ,notwithstanding any other provision of this ,act1 the first #ae shipments of seafood imported or offered for import into the ,united ,states from an exporter shall be inspected and tested by the ,secretary4 7#c7 ,failure to pass inspection 7,a7 ,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 requirement1 each subsequent shipment of seafood from such exporter shall be inspected and tested by the ,secretary1 until #ae consecutive shipments pass inspection and testing4 7,b7 ,multiple failures 7i7 ,in general ,if more than #c shipments of seafood imported or offered for import into the ,united ,states by an exporter fail to meet inspection or test requirements during any #a-year period1 no shipments from such exporter may be imported or offered for import into the ,united ,states for the following #a-year period4 ,following such #a-year period when no shipments may be so imported or offered1 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 manufacturing1 processing1 and holding4 7ii7 ,determination by ,secretary ,shipments of seafood imported or offered for import into the ,united ,states by an exporter that has been subject to a #a-year suspension period and a certification under clause 7i7 shall be inspected at a rate determined appropriate by the ,secretary for a period of time as determined appropriate by the ,secretary4 7,c7 ,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 requirements1 all shipments of seafood from such country shall be refused entry into the ,united ,states until the ,secretary makes a certification described under subsection 7a74 7,d7 ,procedures ,the testing and inspections procedures used under this paragraph shall be carried out in accordance with section #hja4 7#d7 ,fees ,the ,secretary shall by regulation impose such fees on exporters in such amounts as may be necessary to provide1 equip1 and maintain an adequate and efficient inspection service to carry out this subsection4 ,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 subsection1 including expenditures for salaries of additional inspectors when necessary to supplement the number of inspectors for whose salaries ,congress has appropriated4 7c7 ,effect of shipments that fail ,to meet requirements 7#a7 ,in general ,notwithstanding section #hja1 if a shipment of seafood imported or offered for import into the ,united ,states fails to meet safety standards established by the ,secretary1 such shipment shall be detained or destroyed unless the imported shipment meets criteria for re-export1 as determined by the ,secretary4 7#b7 ,labeling ,if a shipment of seafood has been refused admission under paragraph 7#a71 other than such a shipment that is required to be destroyed1 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 statement3 ,,united ,,states3 ,,refused ,,entry4 7#c7 ,exporting to foreign country ,if the appropriate authority of a foreign country notifies the ,secretary1 not later than #de days after the shipment is rejected under paragraph 7#a71 that the shipment will be accepted in that country1 such shipment may be released to the importer for exportation to such foreign country4 7#d7 ,destruction of shipment ,if the ,secretary deems that a shipment rejected under paragraph 7#a71 if it had been allowed entry1 could have caused significant health risks if consumed by humans1 the shipment shall be destroyed notwithstanding the receipt of a notification under paragraph 7#c74 7#e7 ,notification to ports of entry ,the ,secretary shall notify ports of entry not later than #e days after a shipment described in paragraph 7#a7-- 7,a7 was determined to fail to meet safety standards established by the ,secretary under such paragraph2 or 7,b7 was detained or destroyed4 7d7 ,ports of entry 7#a7 ,in general ,notwithstanding any other provision of this chapter1 seafood may be imported or offered for import only at those ports of entry into the ,united ,states that have the personnel trained to conduct the applicable testing and inspection of seafood1 as certified by the ,secretary under paragraph 7#b74 7#b7 ,certification ,the ,secretary shall certify which ports of entry into the ,united ,states have the personnel trained to conduct the applicable testing and inspection of seafood4 7#c7 ,effect of certification requirement ,if a port of entry-- 7,a7 was1 on the day before the date of enactment of this section1 a port of entry that accepted seafood imported or offered for import into the ,united ,states2 and 7,b7 does not meet the requirements for certification under paragraph 7#b71 the ,secretary shall1 as soon as practicable after the date of enactment of this section1 provide proper personnel levels and training to enable such port to be certified under paragraph 7#b74 7e7 ,annual report ,on an annual basis1 the ,secretary shall submit to ,congress a report that describes the implementation of this section1 including-- 7#a7 summary data relating to inspections and testing under this section1 and any noncompliance with the applicable provisions of this ,act2 and 7#b7 recommendations of any improvements or other modifications to this section determined necessary by the ,secretary4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 4 7b7 ,prohibited act2 penalties ,chapter ,,iii of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca et seq47 is amended-- 7#a7 in section #cja1 by adding at the end the following3 7ddd7 ,knowingly making a false statement with respect to a test or inspection carried out under section #haj1 or knowingly misbranding any seafood imported under such section4 2 and 7#b7 in section #cjc1 by adding at the end the following3 7h7 7#a7 ,any person who violates section #cja7;ddd7 shall be subject to a civil penalty in an amount not to exceed #bej1jjj for each such violation1 and not to exceed #a1ajj1jjj for all such violations after the second conviction in any #c-year period4 7#b7 ,paragraphs 7#e71 7#f71 and 7#g7 of subsection 7f7 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 7f77#a74 4 #c4 ,cooperation with ,states to conduct inspections ,chapter ,,viii of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha et seq471 as amended by section #b1 is further amended by adding at the end the following3 #haj;,a4 ,cooperation with ,states to conduct seafood inspections 7a7 ,establishment of cooperative inspection program ,the ,secretary may establish a program under which a ,state may conduct inspection1 testing1 and certification of seafood imported or offered for import into the ,united ,states4 7b7 ,components of program ,under the program established under subsection 7a7-- 7#a7 the ,secretary shall-- 7,a7 provide training to ,state officials to enable such officials to carry out inspection1 testing1 and certification1 in accordance with ,federal requirements and safety standards1 of seafood imported or offered for import into the ,united ,states2 and 7,b7 certify such ,state officials as authorized agents of the ,federal ,government to carry out such inspections1 testing1 and certification2 and 7#b7 a ,state that receives a grant under subsection 7c7 shall-- 7,a7 comply with all requirements of the ,secretary with respect to the training and certification of ,state officials described under paragraph 7#a72 7,b7 inspect1 test1 and certify1 in accordance with ,federal requirements and safety standards1 seafood imported or offered for import into the ,united ,states2 and 7,c7 carry out any other activities as determined necessary by the ,secretary to ensure the safety of seafood imported or offered for import into the ,united ,states4 7c7 ,grants 7#a7 ,in general ,the ,secretary shall award grants to ,states to carry out the cooperative seafood inspection program established under subsection 7a74 7#b7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 4