text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protecting Honest Fishermen Act of 
  2015''.
  
  SEC. 2. SEAFOOD SAFETY.
  
      (a) Coordination.--
              (1) National sea grant college program.--The Administrator 
          of the National Oceanic and Atmospheric Administration shall 
          ensure that the Administration's seafood inspection activities 
          are coordinated with the national sea grant college program to 
          provide outreach to the States, local health agencies, 
          consumers, and the seafood industry on seafood safety.
              (2) Inspecting to prevent seafood fraud.--The Secretary of 
          Commerce and the Secretary of Health and Human Services shall, 
          to the maximum extent practicable, ensure that inspections and 
          tests for seafood safety also collect information for seafood 
          fraud detection and prevention.
      (b) List of Offenders.--The Secretary of Health and Human Services, 
  in consultation with the Secretary of Commerce, shall develop, 
  maintain, and post on the public website of the Department of Health 
  and Human Services a list that--
              (1) includes, by country, each exporter whose seafood is 
          imported or offered for import into the United States; and
              (2) for each such exporter, tracks the timing, type, and 
          frequency of violations of Federal law relating to seafood 
          safety.
      (c) Impact on Existing Food Safety Authority.--Nothing in this 
  section limits the authority of the Secretary of Health and Human 
  Services to execute or enforce food safety laws, including the FDA Food 
  Safety Modernization Act (Public Law 111-353).
  
  SEC. 3. SEAFOOD IDENTIFICATION.
  
      (a) Seafood Traceability Requirements.--
              (1) In general.--Beginning not later than the end of 
          calendar year 2017, the Secretary of Commerce, in consultation 
          with the Secretaries of Health and Human Services and Homeland 
          Security, shall implement the following requirements with 
          respect to seafood imported into the United States or otherwise 
          distributed or offered for sale in interstate commerce:
                      (A) In addition to disclosure of the United Nations 
                  Food and Agriculture Organization Major Fishing Area, 
                  or a more specific location, in which the fish was 
                  caught, and of the information required to be submitted 
                  to the Secretary of Commerce under section 303(a)(5) of 
                  the Magnuson-Stevens Fishery Conservation and 
                  Management Act (16 U.S.C. 1853(a)(5)), at a minimum the 
                  following information shall be displayed on the 
                  packaging of, or otherwise accompany, seafood through 
                  processing, distribution, and final sale:
                              (i) The acceptable market name (as 
                          determined by the Food and Drug Administration) 
                          and scientific name for the seafood species.
                              (ii) Whether the seafood was harvested wild 
                          or was farm-raised.
                              (iii) The method of harvest of the seafood 
                          including gear type as listed in section 
                          600.725 of title 50, Code of Federal 
                          Regulations and defined in section 600.10 of 
                          such title.
                              (iv) The date of the catch.
                              (v) The weight or number, as appropriate, 
                          of product for an individual fish or lot.
                      (B) If seafood has been previously frozen, treated 
                  with any substance (other than ice or water) that may 
                  affect the true weight of the seafood, or processed in 
                  a country other than that in which it was landed or 
                  harvested, by any harvester, processor, distributor, or 
                  retailer, such information shall be included in the 
                  labeling of, or otherwise accompany, the seafood 
                  through processing, distribution, and final sale.
                      (C) If the seafood was farm-raised, that 
                  information, along with information regarding the 
                  country of cultivation, the location of the aquaculture 
                  production area, and the method of cultivation, shall 
                  be included in the labeling of, or otherwise accompany, 
                  the seafood through processing, distribution, and final 
                  sale.
                      (D) No importer, processor, distributor, or 
                  retailer may be found to be in violation of the 
                  requirements under this subsection for unknowingly 
                  selling a product that was already mislabeled upon 
                  receipt, provided that the importer, processor, 
                  distributor, or retailer can provide the required 
                  product traceability documentation.
              (2) Alternative means of disclosure for certain categories 
          of information.--
                      (A) In general.--Notwithstanding paragraph (1), 
                  instead of including any category of information 
                  described in subparagraph (B) in the packaging or 
                  labeling of seafood, an importer, processor, 
                  distributor, or retailer (including a restaurant) may, 
                  with respect to such category, choose to satisfy the 
                  requirements of this paragraph by making the 
                  information available upon request to any Federal, 
                  State, or local official authorized to conduct 
                  inspections of--
                              (i) seafood; or
                              (ii) any facility that processes or sells 
                          seafood.
                      (B) Categories.--The categories of information 
                  described in this subparagraph are--
                              (i) the information required to be 
                          submitted to the Secretary of Commerce under 
                          section 303(a)(5) of the Magnuson-Stevens 
                          Fishery Conservation and Management Act (16 
                          U.S.C. 1853(a)(5));
                              (ii) if the seafood was farm-raised, the 
                          location of the aquaculture production area, 
                          and the method of cultivation;
                              (iii) the date of the catch; and
                              (iv) the weight or number, as appropriate, 
                          of product for an individual fish or lot.
              (3) Domestic fishermen.--Disclosure of data pursuant to 
          section 303(a)(5) of the Magnuson-Stevens Fishery Conservation 
          and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging 
          in fishing on a vessel of the United States in the exclusive 
          economic zone (as those terms are used in that Act) is deemed 
          to be in compliance by such person with the requirements 
          implemented under paragraph (1) of this subsection.
      (b) Refusal of Admission.--
              (1) In general.--Subject to paragraphs (3) and (4), all 
          seafood imported or offered for import originating from an 
          exporter shall be refused admission if--
                      (A) the Secretary of Commerce finds that any 
                  shipment of such seafood appears to be in violation of 
                  subsection (a); or
                      (B) the Secretary of Health and Human Services 
                  finds that any shipment of such seafood appears to be 
                  in violation of this Act or other applicable Federal 
                  laws or regulations.
              (2) Import certification.--For any exporter whose seafood 
          products are refused admission under paragraph (1) based on a 
          prior shipment, the Secretary of Health and Human Services 
          shall determine whether to require, as a condition of granting 
          admission into the United States to an article of seafood 
          originating from such exporter, that such seafood be 
          accompanied by a certification or other assurance under section 
          801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
          381(q)).
              (3) Allowance of individual shipments.--Paragraph (1) does 
          not apply with respect to an individual shipment of seafood 
          originating from an exporter whose products must otherwise be 
          refused admission under such paragraph if the exporter presents 
          evidence to the Secretary of Health and Human Services or the 
          Secretary of Commerce from a laboratory accredited under 
          section 422 of the Federal Food, Drug, and Cosmetic Act (21 
          U.S.C. 350k), or other equivalent evidence, documenting that 
          the shipment is in compliance with the provisions of subsection 
          (a) and other applicable Federal laws or regulations 
          prohibiting seafood fraud.
              (4) Termination of individual shipment screening 
          requirement.--Paragraph (1) shall cease to prohibit the 
          admission of seafood originating from an exporter based on a 
          prior shipment if the Secretary of Health and Human Services or 
          the Secretary of Commerce determines that--
                      (A) each prior shipment whose appearance triggered 
                  the application of such paragraph was in fact in 
                  compliance with the provisions of subsection (a) and 
                  other applicable Federal laws or regulations, including 
                  those prohibiting seafood fraud; or
                      (B) during the preceding 12 months, no shipment of 
                  seafood originating from the exporter has triggered the 
                  application of paragraph (1).
      (c) Penalties.--The Secretary of Commerce shall prevent any person 
  from violating this Act, or any Act to which this section applies, in 
  the same manner, by the same means, and with the same jurisdiction, 
  powers, and duties as though sections 308 through 311 of the Magnuson-
  Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 
  1861) were incorporated into and made a part of and applicable to this 
  Act.
      (d) List of Offenders.--The Secretary of Commerce, in consultation 
  with the Secretary of Health and Human Services, shall develop, 
  maintain, and post on the public website of the Department of Commerce 
  a list that--
              (1) includes, by country, each exporter whose seafood is 
          imported or offered for import into the United States; and
              (2) for each such exporter, tracks the timing, type, and 
          frequency of violations of Federal law relating to seafood 
          fraud.
      (e) Inspections.--The Secretary of Commerce, in consultation with 
  the Secretary of Health and Human Services, shall--
              (1) increase, as resources allow, the number of foreign and 
          domestic seafood shipments that are inspected for seafood fraud 
          by National Oceanic and Atmospheric Administration inspectors 
          and authorized officers, including verification of compliance 
          with the traceability requirements of subsection (a);
              (2) ensure that the percentage of seafood shipments 
          inspected during a given year is not lower than the percentage 
          inspected during the previous year; and
              (3) to the maximum extent practicable, ensure that 
          inspections and tests for seafood fraud prevention also collect 
          information to support the Secretary of Health and Human 
          Services in implementing the seafood safety requirements of the 
          FDA Food Safety Modernization Act (Public Law 111-353).
      (f) Impact on Existing Food Safety Authority.--Nothing in this 
  section shall be construed to limit the authority of the Secretary of 
  Health and Human Services to execute or enforce food safety laws or 
  regulations that may be adopted pursuant to the FDA Food Safety 
  Modernization Act (Public Law 111-353).
  
  SEC. 4. AUTHORITY OF STATES.
  
      Whenever the attorney general of a State, or an official or agency 
  designated by a State, has reason to believe that any person has 
  engaged or is engaging in a pattern or practice of seafood fraud in 
  violation of subsection (a) or (b) of section 3, the State may bring a 
  civil action on behalf of its residents to enjoin fraud, an action to 
  recover for actual monetary loss or receive $10,000 in damages for each 
  violation, or both such actions. If the court finds the defendant 
  willfully or knowingly violated this Act, the court may, in its 
  discretion, increase the amount of the award to an amount equal to not 
  more than 3 times the amount available under the preceding sentence. 
  Nothing in this section shall preclude an individual from bringing a 
  civil action.
  
  SEC. 5. PREEMPTION.
  
      Nothing in this Act preempts the authority of a State to establish 
  and enforce requirements for improving seafood safety and preventing 
  seafood fraud that are consistent with the requirements of this Act.
  
  SEC. 6. DEFINITIONS.
  
      In this Act:
              (1) The term ``other applicable Federal laws and 
          regulations'' means Federal statutes, regulations, and 
          international agreements (other than this Act) pertaining to 
          the importation, exportation, transportation, sale, harvest, 
          processing, or trade of seafood, including the Magnuson-Stevens 
          Fishery Conservation and Management Act (16 U.S.C. 1801 et 
          seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
          seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
          et seq.), the FDA Food Safety Modernization Act (Public Law 
          111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451 
          et seq.), subtitle D of the Agricultural Marketing Act of 1946 
          (7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of 
          Federal Regulations (or any successor regulations), and part 
          123 of title 21, Code of Federal Regulations (or any successor 
          regulations).
              (2) The term ``seafood'' means finfish, mollusks, 
          crustaceans, and all other forms of marine animal and plant 
          life other than marine mammals and birds.
              (3) The term ``seafood fraud'' means the mislabeling or 
          misrepresentation of the information required under this Act or 
          other applicable Federal laws and regulations.
target: Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. "Seafood fraud" is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display (on its packaging or otherwise accompanying the seafood) through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested; or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation.  As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer (including a restaurant) may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a U.S. vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan.  Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) tracks, for each exporter, the timing, type, and frequency of violations.  Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information.  The bill also authorizes states to bring civil actions for seafood fraud violations. 
feat_title: Protecting Honest Fishermen Act of 2015