,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #cajh  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bi1 #bjag,mr4 
,farenthold 7for himself1 ,mr4 ,palazzo1
 and ,mr4 ,lowenthal7 introduced the    
following bill2 which was referred to   
the ,committee on ,energy and ,commerce1
 and in addition to the ,committees on  
,agriculture1 ,natural ,resources1 and  
,ways and ,means1 for a period to be    
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,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 ,protecting    
,honest ,fishermen ,act of #bjag4  #b4  
,seafood safety  7a7 ,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 local  
health agencies1 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 detection 
and prevention4  7b7 ,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 website
 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  7c7 ,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 ,in general         
,beginning not later than the end of    
calendar year #bjah1 the ,secretary of  
,commerce1 in consultation with the     
,secretaries of ,health and ,human      
,services and ,homeland ,security1 shall
 implement the following requirements   
with respect to seafood imported into   
the ,united ,states or otherwise        
distributed or offered for sale in      
interstate commerce4  7#a7 ,traceability
 ,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 and 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  7i7 ,the acceptable market 
name 7as determined by the ,food and    
,drug ,administration7 for the seafood  
species2 and  7ii7 the scientific name  
or the common name for the seafood      
species4  7,b7 ,whether the seafood was 
harvested wild or was farm-raised4  7,c7
 ,if the seafood was farm-raised1       
information regarding the country of    
cultivation1 the location of the        
aquaculture production area1 and the    
method of cultivation4  7,d7 ,the method
 of harvest of the seafood including    
gear type as listed in section #fjj4gbe 
of title #ej1 ,code of ,federal         

,regulations1 and defined in section    
#fjj4aj of such title4  7,e7 ,the date  
of the catch4  7,f7 ,the weight or      
number1 as appropriate1 of product for  
an individual fish or lot4  7#b7 ,other 
labeling requirements ,the following    
information shall be included in the    
labeling of seafood through processing1 
distribution1 and final sale3  7,a7     
,whether the seafood was previously     
frozen4  7,b7 ,whether the seafood was  
treated with any substance 7other than  
ice or water7 that may affect the true  
weight of the seafood4  7,c7 ,whether   
the seafood was landed or harvested in a
 country other than that in which it was
 processed4  7#c7 ,exception for        
previously mislabeled seafood ,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  7#d7       
,alternative means of disclosure for    
certain categories of information  7,a7 
,in general ,notwithstanding paragraphs 
7#a7 and 7#b71 instead of including any 
category of information described in    
subparagraph 7,b7 in the packaging or   
labeling of seafood1 an importer1       
processor1 distributor1 or retailer     
7including a restaurant7 may1 with      
respect to such category1 choose to     
satisfy the requirements of this        
paragraph by making the information     
available upon request to any ,federal1 
,state1 or local official authorized to 
conduct inspections of--  7i7 seafood2  
or  7ii7 any facility that processes or 
sells seafood4  7,b7 ,categories ,the   
categories of information described in  
this subparagraph are-- 7i7 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#e772  7ii7 if the  
seafood was farm-raised1 the location of
 the aquaculture production area1 and   
the method of cultivation2  7iii7 the   
date of the catch2 and  7iv7 the weight 
or number1 as appropriate1 of product   
for an individual fish or lot4  7#e7    
,domestic fishermen ,disclosure of data 
pursuant to section #cjc7;a77#e7 of the 
,magnuson-,stevens ,fishery             
,conservation and ,management ,act 7#af 
,u4,s4,c4 #ahec7;a77#e77 by a person    
engaging in fishing on a vessel of the  
,united ,states 7as that term is used in
 that ,act7 is deemed to be in          
compliance by such person with the      
requirements implemented under          
paragraphs 7#a7 and 7#b74  7b7 ,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 7a72 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 7a7 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 7a7  

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  7c7 ,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  7d7    
,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 website 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  7e7 ,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 
7a77#a72  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  7f7 ,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 7a7 or 7b7 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 ,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  #f4     
,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 finfish1 shellfish1 processed     
fish1 and all other forms of marine     
animal and plant life other than marine 
mammals and birds4  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