,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hadf ,,in ,,the ,,house ,,of ,,representatives ,september #a1 #bjbj,mr4 ,higgins of ,louisiana introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,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 ,testing ,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 ,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 requirement under this ,act1 each subsequent shipment of seafood from such exporter shall be inspected and tested by the ,secretary1 until #ae consecutive shipments by such exporter pass that 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 under this ,act 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 requirements under this ,act1 all shipments of seafood from such country shall be refused entry into the ,united ,states until the ,secretary makes a certification described in subparagraph 7,b77i74 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 subsection4 7b7 ,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 destroyed1 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 7c7 ,reporting ,the ,secretary shall maintain a public webpage on the website of the ,food and ,drug ,administration tracking all shipments that are detained or destroyed1 and the status of any importing countries failing to meet minimum standards4 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 7fff7 ,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;fff7 shall be subject to a civil penalty in an amount not to exceed #bej1jjj for each such violation1 and not to exceed #bej1jjj for each such violation 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