Consumer Seafood Safety and Quality Assurance Act of 1990

Summary

Consumer Seafood Safety and Quality Assurance Act of 1990 - Directs the Secretary of Commerce to establish a comprehensive seafood safety and quality assurance program for fish and fish products sold in interstate commerce. Requires the program to be consistent, to the extent practicable, with the guidelines for the National Shellfish Sanitation Program developed by the Interstate Shellfish Sanitation Conference. Directs the Secretary to prescribe standards: (1) of sanitation and quality control for the processing of fish and fish products; and (2) for contaminant levels which are most likely to cause fish or fish products to be unsafe for human consumption. Directs the Secretary to contract with the National Academy of Sciences to identify certain contaminants and recommend standards development priorities. Directs the Secretary to prescribe standards of identity and composition, minimum quality, labeling, and packaging of fish and fish products. Requires the standards to build upon existing Federal regulations and be consistent with applicable international standards. Authorizes the Secretary to establish voluntary grading criteria for fish and fish products. Requires a fish or fish product package, subject to exemption, to be marked with a code for identifying its processing facility. Directs the Secretary to: (1) carry out an assessment of the effectiveness of existing Federal water quality standards for classifying shellfish growing areas; and (2) prescribe standards for the water quality in such areas. Requires that the seafood standards be reviewed at least every three years. Directs the Secretary to establish an inspection system for fish and fish products to protect the public from adulteration of misbranding. Prohibits a facility from processing fish or fish products unless the facility is registered with the Secretary under these provisions, subject to exception. Requires approval of registration applications unless the facility is unfit. Requires segregation, condemnation, and destruction of adulterated or misbranded fish and fish products, unless they are brought into compliance with this Act by relabeling or other action. Requires advance approval of labeling or packaging by the Secretary. Requires approval of labeling unless it is false or misleading and packaging unless it does not comply with this Act's standards. Requires a written report to be given to the owner or operator of a processing facility after inspection and before leaving the facility. Directs the Secretary to establish a monitoring system to identify geographical growing and harvesting areas from which significant quantities of fish or fish products not in compliance with this Act may be reasonably expected to originate. Authorizes the prohibition or restriction of the disposition of fish or fish products from such areas. Directs the Secretary to encourage States to have programs at least equal to the program established by this Act. Authorizes the provision to a State of advice, technical and laboratory assistance and training, and financial and other aid. Allows the Governor of any State desiring to administer its own seafood safety and quality assurance program to apply to the Secretary for approval. Directs the Secretary to approve the State program for up to five years if certain requirements are met. Provides for monitoring of State programs. Directs the Secretary to annually grant to each State with an approved program 60 percent of the cost of operating a federally equivalent program. Authorizes the Secretary, for States not approved for their own programs, to deputize specific State employees to carry out inspection and monitoring activities. Prohibits entering, or withdrawing from warehouse, any fish or fish product unless it complies with certain requirements. Requires that, upon entry for consumption in the United States, fish products satisfying such requirements be deemed to be and treated as domestic fish or fish products. Requires enforcement through random inspections, sampling, and any other procedures necessary. Requires destruction of fish and fish products in violation of these provisions unless exported or brought into compliance. Requires other costs resulting from denial of entry, or withdrawal from warehouse, to be paid by the owner or consignee, with nonpayment constituting a lien against the fish or fish product and any other fish or fish product thereafter entered or withdrawn by such owner or consignee. Directs the Secretary: (1) on request, to review the seafood safety and quality assurance program of countries desiring to export fish or fish products into the United States; and (2) to issue certificates to countries with programs at least equal to the program under this Act, if enforcement measures are permitted. Prohibits entry for U.S. consumption of fish or fish product from an uncertified country. Requires review of the certificates at least every five years. Allows fish or fish products to be exempted from specific requirements of this Act if necessary to avoid conflict with a law or custom of the importing nation. Directs the Secretary: (1) to inspect fish or fish products intended for export as necessary to ensure compliance with this Act; and (2) upon request, to provide a certificate of export stating the condition of fish or fish products inspected. Prohibits specified acts relating to: processing; selling; transporting; adulterating or misbranding; forging, counterfeiting, or using without authorization marks or registrations; inspection; and records maintenance. Provides for civil and criminal penalties. Exempts common carriers from the penalties in certain circumstances. Exempts from this Act: (1) processing by an individual for the individual's own use; (2) commercial preparation by certain methods; and (3) processing facilities solely processing fish products not intended for human consumption. Authorizes the Secretary, if the Secretary completes a study and recommends that an exempted type or class of vessel should be included in the program established under this Act, to promulgate regulations to include any such type or class. Directs the Secretary to design and implement a national consumer education and information program on seafood, under which the Secretary is required to collect, analyze, and disseminate to consumers information on the health hazards associated with the consumption of fish and fish products. Requires the Secretary to designate national and regional centers that will conduct and support research, education, and training regarding seafood safety and quality assurance. Directs the Secretary to establish a five-year shellfish indicator research program to develop a system of classification of shellfish growing waters based on the latest technological advancements in microbiology and epidemiological methods. Requires the research program to evaluate representative estuaries in each of the major U.S. shellfish growing regions and make recommendations pertaining to shellfish management and regulatory considerations. Directs the Secretary to: (1) carry out the research program through grants to eligible applicants; and (2) establish an advisory panel to assist in the development and implementation of the research program. Directs the Secretary to conduct and support research with respect to: (1) detecting and measuring biological and chemical contaminants; (2) techniques and procedures for inspections; (3) sanitation practices and processing, transportation, and storage; and (4) any other matters that may further the purposes of this Act. Authorizes appropriations.

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4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 13 July 1990

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• Introduced in Senate

  summary · EN · 1 March 1990

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