H.R. 8337: Buy American Seafood Act

The Buy American Seafood Act aims to ensure that federal food programs only procure seafood that is sourced from the United States. Specifically, the bill states that federal agencies cannot buy foreign seafood for covered food programs unless the seafood meets specific domestic sourcing criteria. Here’s a breakdown of the main provisions:

Prohibition on Foreign Seafood Procurement

The bill stipulates two primary conditions under which seafood can be procured:

• It must be harvested in the United States and either by a United States-flagged fishing vessel or
• It must be produced or processed in the United States through aquaculture or domestic seafood processing.

Limited Waiver Authority

The head of an agency can grant a waiver to this prohibition if the Secretary of Agriculture determines:

• That the quantity of United States-produced seafood is insufficient to meet the needs of the covered food program.
• That the seafood does not meet food safety or quality standards required under federal law.

Any granted waivers must be published in the Federal Register and reported to Congress within 30 days, including details about the program, the seafood involved, the waiver's duration, and the Secretary's determinations.

Child Nutrition Amendments

The bill amends existing laws related to child nutrition programs to align with the new procurement requirements for seafood, reinforcing that the seafood must either be domestically harvested or produced.

Implementation Timeline

The Secretary of Agriculture is required to establish regulations to implement the Act within 180 days after it becomes law, working in consultation with the Secretaries of Commerce and Defense.

Definitions and Scope

The bill provides definitions for terms such as:

• Aquaculture: Farming of aquatic organisms in controlled environments for human consumption.
• Covered food programs: Includes emergency food assistance programs, Department of Defense food service programs, FEMA disaster relief food programs, and any other federally funded food distribution programs.
• Seafood: Encompasses various aquatic species intended for human consumption such as finfish, shellfish, crustaceans, shrimp, crawfish, oysters, and catfish.

No Additional Funding Required

The bill specifies that no additional funds will be authorized to implement its provisions.

Relevant Companies

• TSN - Tyson Foods, Inc.: As a major player in the food industry, changes in seafood sourcing regulations could impact how Tyson sources seafood for its products.
• CHRW - C.H. Robinson Worldwide, Inc.: As a logistics company involved in the distribution of food, including seafood, C.H. Robinson may need to adapt to new legal requirements for sourcing and procurement.
• FWM - Freshwater Aquaculture Limited: This company may have to alter its operations or sourcing strategies to comply with the new procurement standards mandated by the Act.