New Bill Mandates Tougher Checks on Imported Seafood: 20% of Shipments Face Testing Annually

This legislation, the Imported Seafood Quality Enforcement Act, sets up a stricter system to make sure seafood coming into the U.S. is safe to eat. The core idea is simple: imported fish and shellfish must meet the same safety standards required for products processed domestically. To enforce this, the bill mandates annual inspections of foreign processing facilities and requires testing for at least 20% of all seafood shipments arriving each year.

Raising the Bar for Seafood Imports

The bill introduces section 810 to the Federal Food, Drug, and Cosmetic Act, laying out new ground rules. Key among them is the requirement that foreign seafood facilities meet U.S. standards for manufacturing, processing, and holding (essentially, how the seafood is stored and handled). Federal officials, specifically the Secretary overseeing the Food and Drug Administration (FDA), must certify this compliance.

To verify standards are met, the bill requires annual inspections of these foreign facilities. It also significantly ramps up testing at the border: at least one-fifth of all seafood imports must be inspected and tested annually. For companies new to exporting seafood to the U.S., all of their first 15 shipments will undergo inspection and testing, setting a high initial bar.

What Happens When Shipments Don't Make the Grade?

There are clear consequences outlined for failing these safety checks. If one shipment from an exporter fails, all subsequent shipments from that same exporter face inspection until 15 consecutive shipments pass muster. Rack up more than three failed shipments within a year, and that exporter is banned from sending seafood to the U.S. for the following year. Persistent problems from a specific country could lead to all seafood imports from that nation being refused entry until compliance is certified.

Failed shipments will be detained or destroyed, unless they meet specific criteria allowing them to be re-exported to another country – provided that country agrees within 45 days and the FDA doesn't deem the shipment a significant health risk. Any refused shipment must be clearly marked "UNITED STATES: REFUSED ENTRY." Furthermore, knowingly making false statements about tests or misbranding imported seafood under this section could lead to hefty civil penalties, up to $250,000 per violation (Sec 2, amending 301 & 303).

Paying the Tab and Manning the Gates

Who pays for all this extra oversight? The bill requires the Secretary to impose fees on the exporters themselves to cover the inspection costs. It also tightens where seafood can enter the country, limiting imports to ports of entry certified as having properly trained personnel and adequate facilities. For ports that handled seafood previously but don't meet the new requirements, the bill directs the Secretary to provide the necessary personnel and training.

Finally, the legislation allows states to get involved. A new program (Sec 3, adding 810A) would let the Secretary train and authorize state officials to conduct inspections and testing. States participating could receive federal grants to support these activities, essentially creating partnerships to manage the increased workload and ensure safety standards are met nationwide.