Imported Seafood Quality Enforcement Act
The Imported Seafood Quality Enforcement Act would significantly tighten how the United States regulates seafood imported from abroad. It would require exporting countries to maintain certified programs that demonstrate compliance with U.S. standards for seafood manufacturing, processing, and holding, and would empower federal inspectors to regularly audit foreign facilities (at least annually) and conduct ongoing testing of imported seafood. A minimum inspection/testing rate (20%) would apply to all imports, with special rules for new exporters. If shipments fail inspections or tests, enforcement escalates: repeated failures can trigger temporary import bans, mandatory re-testing, and potential certification requirements for exporters or even country-wide refusals. The bill also creates port-entry certification, a labeling and destruction framework for rejected shipments, and a cooperative program with states to conduct inspections. Penalties for false statements or misbranding related to tests or inspections would be imposed, along with civil penalties for violators. Finally, the bill authorizes grants to states to run a cooperative seafood inspection program.
Key Points
- 1Certification and foreign facility inspections: No seafood may be imported unless the exporting country is certified as maintaining a program with reliable analytical methods to ensure compliance with U.S. standards for seafood manufacturing, processing, and holding; federal inspectors must conduct at least one annual inspection of each foreign facility exporting to the U.S., with periodic follow-ups as needed.
- 2Mandatory testing and escalation rules: The Secretary must inspect and test at least 20% of all imported seafood each year; first 15 shipments from a new exporter must be inspected/tested; if shipments fail, subsequent shipments are inspected until 15 consecutive shipments pass; if more than 3 shipments fail in a year, imports from that exporter are suspended for the next year, with possible re-certification required before resuming imports; persistent country-wide failure can lead to all shipments from that country being refused entry until certification is restored.
- 3Handling shipments that fail: Shipments that don’t meet safety standards can be detained or destroyed unless they qualify for re-export; refused shipments must be labeled with a conspicuous “UNITED STATES: REFUSED ENTRY”; there are procedures for re-export to the exporting country or destruction if there is significant health risk; ports of entry are notified promptly about failed shipments.
- 4Port-of-entry certification and readiness: Seafood may only be imported at ports that have personnel trained and certified to conduct the required testing and inspections; if a previously accepting port is not certified, the Secretary must provide necessary training and staffing to achieve certification.
- 5State cooperation and enforcement: The Secretary can establish a cooperative program allowing States to conduct inspections, testing, and certification; states can receive grants to participate and must adhere to federal requirements; the program includes training and certification of state officials as authorized federal agents.
- 6Penalties and enforcement: The Act adds penalties for knowingly making false statements or misbranding related to a test or inspection under Section 810, with civil penalties up to $250,000 per violation and up to $1.1 million after the second conviction within a 3-year period.
- 7Transparency and oversight: An annual report to Congress would describe implementation, inspection/testing activity, noncompliance, and recommended improvements.