The OCTOPUS Act of 2025 Bans Octopus Farming and Imports of Farmed Octopus Products

The new Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act of 2025—mercifully shortened to the OCTOPUS Act—is a straightforward piece of legislation that puts a hard stop on commercial octopus farming in the U.S. and bans the import of any farmed octopus products from abroad. Think of it as a preemptive strike against a controversial new industry.

The Ban Hammer Drops on Domestic Farming

The core of the bill is immediate prohibition. Section 3 prevents the Secretary of Commerce from issuing any permits or authorizations for commercial octopus aquaculture (that’s the fancy word for farming) anywhere in the U.S. or its extended waters (the Exclusive Economic Zone). This means if you had plans to open a massive octopus farm off the coast of California or in a warehouse in Iowa, the federal government just shut that down. The bill requires the Commerce and Interior Secretaries to issue a final rule within one year to make this ban official across all U.S. territories and waters. For animal welfare advocates and those concerned about the ethics of farming highly intelligent, solitary creatures, this is the main win.

Closing the Door on Imported Farmed Octopus

It’s not enough to stop domestic farming; the bill also aims to keep those products out of U.S. markets. Section 4 bans the importation and reexportation of any commercially aquacultured octopus—whether live, dead, or as an ingredient in a processed product. This ban kicks in one year after the law is enacted. This means that if a major foreign producer starts selling farmed octopus, U.S. restaurants, grocery stores, and seafood distributors won’t be able to buy it.

Here’s where the rubber meets the road for importers: breaking this rule comes with a steep price tag. The penalty for each violation is up to $100,000 or the fair market value of the octopus involved, whichever is higher. That’s a serious compliance incentive, ensuring that supply chains for imported seafood will need to be meticulously vetted.

New Paperwork for Importers: Prove It’s Wild

To enforce the import ban, the bill introduces two key requirements. First, under Section 5, if you’re importing any octopus product, you must now officially certify to Customs that the octopus was not raised commercially through aquaculture. You have to make this certification for every single shipment. This shifts the burden of proof onto the importer to confirm the source is wild-caught.

Second, Section 7 mandates the National Oceanic and Atmospheric Administration (NOAA) to update its trade programs to require importers to report the exact harvest method for all imported octopus. This means the government will start collecting data to ensure that what’s coming in is, in fact, wild-caught and not from a newly banned farm.

Exceptions: The Octopus Zoo Trip

Don't worry, the local aquarium won't be empty. Section 6 carves out specific exceptions to the ban. The restrictions on farming, importing, and certifying do not apply if the octopus is used strictly for public display at an accredited zoo or aquarium, for approved breeding programs at those facilities, or for noncommercial scientific research by universities, museums, or federal agencies. Essentially, if the octopus isn't being sold for dinner, the rules don't apply, ensuring research and education can continue.