1Providing for seafood labeling; imposing duties on the
2Department of Agriculture; and providing for penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Seafood
7Labeling Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Caught wild." Any species of seafood that is:

13(1) caught in the wild; and

14(2) either:

15(i) hatchery-raised; or

16(ii) raised in the wild.

17"Department." The Department of Agriculture of the
18Commonwealth.

1"Farm-raised." Any species of seafood that is propagated and
2raised in a controlled environment.

3"Fund." The Seafood Labeling Inspection Fund established in
4section 7.

5"Hatchery-raised." Any species of seafood that is raised in
6a controlled environment and released into the wild.

7"Licensor." As the term is defined in 3 Pa.C.S. § 5702
8(relating to definitions).

9"Net-pen aquacultural." Any species of seafood that is
10propagated and raised in a confined area within a natural body
11of water. This term is limited to such confined areas that lack
12a controlled environment.

13"Raised." Any species of seafood that is hatchery-raised,
14farm-raised or net-pen aquacultural.

15"Retail food facility." A retail food facility, as defined
16in 3 Pa.C.S. § 5702 (relating to definitions), that offers for
17sale at retail food containing seafood for human consumption.

18"Seafood." Any fish or shellfish that is caught wild or
19raised for human consumption. This term includes a fillet,
20steak, nugget and any other flesh from fish or shellfish, even
21if the fish or shellfish is processed, breaded and battered.

22Section 3. Seafood labeling.

23(a) General rule.--Notwithstanding any other provision of
24law, except as provided in subsection (b), a retail food
25facility that offers or sells seafood or food containing seafood
26as a menu item or that offers seafood for sale shall identify
27the following information on a display, brochure or a menu
28insert that is readily available to the consumer:

29(1) The scientific common name of each species of
30seafood that is contained in each menu food item or that is

1offered for sale.

2(2) A statement whether the seafood was caught wild or
3raised.

4(3) The country in which the seafood was raised or where
5the seafood was caught wild.

6(b) Drive-through areas.--

7(1) Notwithstanding any other provision of law, a retail
8food facility that has a drive-through area and uses a menu
9board to display or list items within the drive-through area
10at the point of sale shall disclose for any seafood item
11offered for sale on the menu board a statement on the menu
12board that reads as the following or other similar statement:

13"Information regarding the species of seafood, whether it
14was raised or caught wild, and the country where it was
15raised or caught wild is available upon request."

16(2) When requested by the customer under paragraph (1),
17the retail food facility shall provide the customer with a
18brochure or other document containing the information
19required under subsection (a)(1).

20Section 4. Enforcement.

21(a) General rule.--The department shall enforce the
22provisions of this act for retail food facilities that are under
23the department's jurisdiction under 3 Pa.C.S. Ch. 57 (relating
24to food protection) and for any other retail food facility not
25covered by 3 Pa.C.S. Ch. 57.

26(b) Nondepartment enforcement.--A licensor that is not the
27department shall enforce the provisions of this act for those
28retail food facilities licensed by the licensor that is not the
29department.

30Section 5. Fees.

1(a) General rule.--The licensor may charge a fee for the
2purpose of funding the enforcement of this act.

3(b) Nondepartment fees.--

4(1) The fees that may be charged by a licensor that is
5not the department are as established by the licensor, except
6that the fee shall not exceed $50 per inspection.

7(2) The fees shall be paid to the city, borough,
8incorporated town, township or county treasury and shall be
9used for conducting inspections in compliance with this act.

10(c) Inspection fee.--

11(1) The fees that may be charged by the department shall
12not exceed $50 per inspection.

13(2) The fees shall be paid to the fund and shall be used
14by the department for conducting inspections in compliance
15with this act.

16Section 6. Penalties.

17(a) General rule.--For retail food facilities under the
18jurisdiction of the department:

19(1) A person that violates any provision of this act or
20any rule, regulation or order made under this act commits a
21summary offense for the first or second offense and shall be
22subject to a fine of not less than $100 nor more than $300.

23(2) A person that violates any provision of this act or
24any rule, regulation or order made under this act commits a
25summary offense for the third or subsequent offense within
26two years of the date of the previous offense and shall be
27subject to a fine of not less than $300 nor more than $1,000.
28All fines collected under this subsection shall be paid into
29the fund and shall be used by the department for conducting
30inspections in compliance with this act.

1(b) Nondepartment penalties.--For retail food facilities
2under a licensor that is not the department, the penalties shall
3be established by the licensor that is not the department except
4that the penalties shall not exceed the amounts contained in
5subsection (a). All fines collected under this subsection shall
6be used by the licensor for conducting inspections in compliance
7with this act.

8(c) False information.--A retail food facility shall not be
9liable for a violation of this act if the food retail facility
10was provided false or inaccurate information from the
11wholesaler, seafood distributor or other entity that provides
12the retail food facility with the seafood.

13Section 7. Fund.

14(a) Establishment.--

15(1) There is established a special fund to be known as
16the Seafood Labeling Inspection Fund.

17(2) The fund shall be maintained as a separate fund in
18the State Treasury, subject to the procedures and provisions
19set forth in this act.

20(b) Sources.--The sources of the fund are:

21(1) Fees imposed by the department under section 5(a)
22and (c).

23(2) Fines imposed under section 6(a).

24(3) Interest on money in the fund.

25Section 8. Regulations.

26The department shall promulgate rules and regulations
27necessary for the implementation of this act.

28Section 9. Effective date.

29This act shall take effect as follows:

30(1) Section 8 shall take effect immediately.

1(2) The remainder of this act shall take effect in 180
2days.