119-hr2776

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2776 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2776

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 9, 2025

 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 Quality Enforcement 
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) Requirement of Equivalence.--
 ``

    (1) 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 manufacturing, processing, and holding.
 ``

    (2) Inspection of exporting facilities.--In accordance 
 with the procedures described under 

section 704, officers and 
 employees duly designated by the Secretary shall conduct not 
 less than 1 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 manufacturing, processing, 
 and holding. In addition to such annual inspection, such 
 officers and employees shall conduct periodic follow-up 
 inspections of such foreign facilities as determined necessary 
 by the Secretary.
 ``

    (b) 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 under subsection

    (a) .
 ``
            (D) Procedures.--The testing and inspections 
 procedures used under this paragraph shall be carried 
 out in accordance with 

section 801.
 ``

    (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, including 
 expenditures for salaries of additional inspectors when 
 necessary to supplement the number of inspectors for whose 
 salaries Congress has appropriated.
 ``
            (c) 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.
 ``
            (d) Ports of Entry.--
 ``

    (1) In general.--Notwithstanding any other provision of 
 this chapter, 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 seafood, as certified by the Secretary under 
 paragraph

    (2) .
 ``

    (2) 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 
 seafood.
 ``

    (3) Effect of certification requirement.--If a port of 
 entry--
 ``
        (A) was, on the day before the date of enactment 
 of this section, a port of entry that accepted seafood 
 imported or offered for import into the United States; 
 and
 ``
        (B) does not meet the requirements for 
 certification under paragraph

    (2) ,
 the Secretary shall, as soon as practicable after the date of 
 enactment of this section, provide proper personnel levels and 
 training to enable such port to be certified under paragraph

    (2) .
 ``

    (e) Annual Report.--On an annual basis, the Secretary shall 
submit to Congress a report that describes the implementation of this 
section, including--
 ``

    (1) summary data relating to inspections and testing 
 under this section, and any noncompliance with the applicable 
 provisions of this Act; and
 ``

    (2) recommendations of any improvements or other 
 modifications to this section determined necessary by the 
 Secretary.''.

    (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:
 ``

    (jjj) 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

    (jjj) shall be subject 
to a civil penalty in an amount 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) .''.

SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPECTIONS.

 Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381 et seq.), as amended by 

section 2, is further amended by adding at 
the end the following:

``

SEC. 810A. COOPERATION WITH STATES TO CONDUCT SEAFOOD INSPECTIONS.

 ``

    (a) Establishment of Cooperative Inspection Program.--The 
Secretary may establish a program under which a State may conduct 
inspection, testing, and certification of seafood imported or offered 
for import into the United States.
 ``

    (b) Components of Program.--Under the program established under 
subsection

    (a) --
 ``

    (1) the Secretary shall--
 ``
        (A) provide training to State officials to enable 
 such officials to carry out inspection, testing, and 
 certification, in accordance with Federal requirements 
 and safety standards, of seafood imported or offered 
 for import into the United States; and
 ``
        (B) certify such State officials as authorized 
 agents of the Federal Government to carry out such 
 inspections, testing, and certification; and
 ``

    (2) a State that receives a grant under subsection
            (c) shall--
 ``
        (A) comply with all requirements of the Secretary 
 with respect to the training and certification of State 
 officials described under paragraph

    (1) ;
 ``
        (B) inspect, test, and certify, in accordance 
 with Federal requirements and safety standards, seafood 
 imported or offered for import into the United States; 
 and
 ``
            (C) 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 
 States.
 ``
            (c) Grants.--
 ``

    (1) In general.--The Secretary shall award grants to 
 States to carry out the cooperative seafood inspection program 
 established under subsection

    (a) .
 ``

    (2) Application.--To be eligible to receive a grant under 
 paragraph

    (1) , a State shall submit an application to the 
 Secretary at such time, in such manner, and containing such 
 information as the Secretary may require.''.
 <all>