Wild USA Seafood Act of 2023

“H Wild USA Seafood Label

“298A. Definitions

“In this subtitle:

“(1) Fish—The term fish means finfish, mollusks, crustaceans, and all other forms of aquatic animal and plant life other than aquatic mammals and birds.

“(2) Secretary—The term Secretary means the Secretary of Agriculture.

“298B. Wild USA Seafood label

“(a) In general—A retailer of fish or person engaged in the business of supplying fish to a retailer may label the fish as “wild USA seafood”, “wild American seafood”, or any equivalent designation only if—

“(1) the fish is naturally born in the wild or hatchery-originated fish released in the wild;

“(2) the fish is caught, taken, or harvested from—

“(A) waters within the exclusive economic zone (as defined in section 107 of title 46, United States Code); or

“(B) navigable waters (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)); and

“(3) if the fish is caught, taken, or harvested by a vessel, such vessel is a vessel of the United States (as defined in section 3 of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1802)).

“(b) Method of notification

“(1) In general—The information described in subsection (a) may be provided to consumers by means of a label, stamp, mark, placard, or other clear and visible sign on the fish or on the package, display, holding unit, or bin containing the fish at the final point of sale to consumers.

“(2) Labeled commodities—If fish is already individually labeled for retail sale with the label described in subsection (a), the retailer shall not be required to provide any additional information to comply with this section.

“298C. Enforcement

“(a) Warnings—If the Secretary determines that a retailer of fish or person engaged in the business of supplying fish to a retailer is in violation of section 298B, the Secretary shall—

“(1) notify the retailer or person of the determination of the Secretary; and

“(2) provide the retailer or person a 30-day period, beginning on the date on which the retailer or person receives the notice under paragraph (1) from the Secretary, during which the retailer or person may take necessary steps to comply with section 298B.

“(b) Fines

“(1) In general—The Secretary may fine a retailer or person under paragraph (2) for an unfair or deceptive act or practice if, on completion of the 30-day period described in subsection (a)(2), the Secretary determines that the retailer or person—

“(A) has not made a good faith effort to comply with section 298B; and

“(B) continues to willfully violate section 298B with respect to the violation about which the retailer or person received notification under subsection (a)(1).

“(2) Notice and hearing; amount—After providing notice and an opportunity for a hearing before the Secretary with respect to the violation described in paragraph (1), the Secretary may fine the retailer or person in an amount of not more than $10,000 for each violation.

“298D. Regulations

“The Secretary may promulgate such regulations as are necessary to implement this subtitle and verify compliance with section 298B(a).”