Imported Seafood Quality Enforcement Act

Bill Number

H.R. 2776

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-04-09: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-06-04T08:06:39Z

AI-Generated Summary

Purpose of the Legislation

The Imported Seafood Quality Enforcement Act (H.R. 2776) aims to strengthen the safety of seafood imported into the United States by amending the Federal Food, Drug, and Cosmetic Act (FD&C Act). It focuses on ensuring that foreign seafood meets U.S. safety standards through certifications, mandatory inspections, testing, and penalties for non-compliance, ultimately protecting public health from contaminated imports.

Key Provisions

• Certification and Inspections of Foreign Facilities:
• The U.S. Secretary of Health and Human Services (via the FDA) must certify that exporting countries have programs using reliable testing methods equivalent to U.S. standards for seafood manufacturing, processing, and storage.
• At least one annual inspection of each foreign facility exporting seafood to the U.S., plus follow-up inspections as needed, conducted under existing FDA procedures (similar to domestic facility checks).

• Mandatory Testing Requirements:
• At least 20% of all imported or offered seafood shipments must be inspected and tested each year.
• The first 15 shipments from any new exporter are automatically inspected and tested.
• If a shipment fails: Subsequent shipments from that exporter face 100% testing until 15 pass in a row.
• Multiple failures (more than 3 in a year) lead to a one-year import ban for that exporter, followed by certification and heightened scrutiny.
• Repeated failures from an entire country result in a nationwide import refusal until certification.
• Testing follows existing FDA import procedures; exporters pay fees to fund inspections, which support hiring additional staff.

• Handling Failed Shipments:
• Failed shipments are detained or destroyed unless re-exported to another country (within 45 days of notification).
• Non-destroyed shipments must be labeled "UNITED STATES: REFUSED ENTRY."
• If a shipment poses significant health risks, it must be destroyed even if re-export is requested.
• Ports of entry are notified within 5 days of failures, detentions, or destructions.

• Ports of Entry Restrictions:
• Seafood imports are limited to FDA-certified ports with trained personnel for testing and inspections.
• Existing ports accepting seafood must be quickly trained and certified to avoid disruptions.

• State Cooperation Program:
• The FDA can partner with states to inspect, test, and certify imported seafood.
• States receive training and grants; certified state officials act as federal agents.
• States must follow federal standards and may perform other safety-related tasks.

• Reporting and Enforcement:
• Annual FDA report to Congress on inspections, testing data, non-compliance, and recommendations for improvements.
• New prohibited acts: Knowingly lying about tests/inspections or mislabeling imported seafood.
• Penalties: Civil fines up to $250,000 per violation, rising to $1.1 million for repeat offenses within three years.

Significant Changes to Existing Law

• Introduces specific, mandatory minimums for seafood import testing (20% annually) and new exporter scrutiny (first 15 shipments), which were not previously required under the FD&C Act.
• Adds dedicated provisions for foreign facility inspections and country-level certifications, expanding beyond general import authority in Section 801 of the FD&C Act.
• Creates a new state cooperative program (Section 810A) to share inspection burdens, previously handled solely by federal agencies.
• Establishes seafood-specific penalties (Section 301(jjj) and 303(h)) for false statements and misbranding, with higher fines than some general food safety violations.
• Restricts imports to certified ports and mandates fees from exporters to fund enforcement, shifting some costs from U.S. taxpayers.

Potential Impacts

• Government Agencies: The FDA will require more resources for inspections, testing, and port certifications, but exporter fees and state grants could offset costs. States gain funding and roles in enforcement, potentially easing federal workload.
• Citizens: Enhanced testing and rapid response to unsafe shipments could reduce health risks from contaminants (e.g., bacteria, chemicals) in imported seafood, benefiting consumers who rely on it for about 90% of U.S. supply.
• International Relations: Stricter standards and potential bans on exporters or countries may disrupt trade, leading to tensions with major suppliers (e.g., China, India). However, it promotes global food safety alignment by requiring equivalence to U.S. standards.

Main Stakeholders Affected

• U.S. Consumers and Public Health Advocates: Benefit from safer imports but may face higher seafood prices due to increased compliance costs passed along the supply chain.
• Seafood Importers and U.S. Industry: Importers face delays, fees, and port restrictions; domestic producers may gain a competitive edge from leveled safety standards.
• Foreign Exporters and Governments: Must upgrade facilities and programs for certification; repeated failures could block market access, affecting economies reliant on U.S. exports.
• FDA and Ports of Entry: Bear primary enforcement duties, with added training and reporting obligations.
• States with Seafood Ports: Eligible for grants to participate, enhancing local economies and oversight.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FDA's import authority under the Commerce Clause (U.S. Constitution, Article I, Section 8), allowing detention/destruction of unsafe goods without violating due process, as procedures include notifications and re-export options. Fees and penalties align with existing administrative law but introduce exporter-specific funding, which could face challenges if seen as a "tax" without clear congressional appropriation.
• Constitutional: No major conflicts anticipated; it builds on Congress's power to regulate interstate and foreign commerce for public health (similar to upheld food safety laws like the Pure Food and Drug Act of 1906).
• Political: Positions as a public health priority, potentially bipartisan support in coastal districts, but could spark trade debates or WTO challenges if viewed as protectionist. Annual reporting ensures congressional oversight, promoting accountability.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Higgins, Clay [R-LA-3]

Cosponsors (1)

Rep. Weber, Randy K. Sr. [R-TX-14]

Recent Actions

• 2025-04-09: Referred to the House Committee on Energy and Commerce.
• 2025-04-09: Introduced in House
• 2025-04-09: Introduced in House

Bill Versions

• Imported Seafood Quality Enforcement Act — issued 2025-04-09 — PDF (11 pages)