The US seafood industry is regulated in part by both federal and state authorities.

It includes the Food and Drug Administration (FDA), US Department of Commerce /National Oceanic and Atmospheric Administration/ National Marine Fisheries Service (USDC/NOAA/NMFS), Fish and Wildlife Service (FWS), Environmental Protection Agency (EPA), United States Department of Agriculture and Food Safety Inspection Service (USDA/FSIS), and Custom Border Protection Agency (CBP).

Under provisions of the U.S. law contained in the U.S. Federal Food, Drug and Cosmetic Act (FD&C), importers of food products intended for introduction into U.S. interstate commerce are responsible for ensuring that the products are safe, sanitary, and labeled according to U.S. requirements. (All imported food is considered interstate commerce.)

Importers can import foods into the United States without prior sanction by FDA, as long as the facilities that produce, store, or otherwise handled the products are registered with FDA, and prior notice of incoming shipments is provided to FDA.

Imported food products are subject to FDA inspection when offered for import at U.S. ports of entry. FDA may detain shipments of products offered for import if the shipments are found not to be in compliance with U.S. requirements.

Among the main laws associated with seafood safety there is the Federal Food, Drug and Cosmetic Act (the Act) of 1938, as amended (21 USC.301-392).

FDA Food Safety Modernization Act (FSMA)

FDA FSMA ensures the safety of the food supply is a shared responsibility among many different points in the global supply chain for both human and animal food.

Seafood processors are required to comply with FDA Seafood HACCP (CFR 123 Seafood HACCP) based controls, which include control for imported products, and are therefore in compliance with the federal requirements for foods intended for human consumption.

The FSMA require that facilities engaged in manufacturing, processing, packing, or holding food for consumption in the United States submit additional registration information to FDA, including an assurance that FDA will be permitted to inspect the facility at the times and in the manner permitted by the FD&C Act. 

Seafood Import Monitoring Program

The Seafood Import Monitoring Program (SIMP) establishes reporting and recordkeeping requirements for imports of certain seafood products to prevent illegal, unreported and unregulated and/or misrepresented seafood from entering U.S. commerce. 

It is created by NOAA/NMFS (National Oceanic and Atmospheric Administration/National Marine Fisheries Service).

NMFS require importers to obtain an International Fisheries Trade Permit (IFTP) for import, export, and re-export of certain regulated seafood commodities that are subjected to trade monitoring program of Regional Fisheries Management Organizations (RFMO) and/or subject to trade documentation requirements under domestic law.

Requirements for export of fishery products to Vietnam

All fishes, including processed fish, intended to be consumed in Vietnam must meet the Vietnamese requirement of Circular 25 (No. 25/2010/TT-BNNPTNT Hanoi).

Circular 25 includes the requirements for individual processing establishments to be approved and registered by Vietnam.

 A list of establishments approved by Vietnam can be found on the National Agro-Forestry – Fisheries Quality Assurance Department’s website. 

Vietnamese authorities reserve the right to conduct audits of all approved premises and in some instances an onsite audit may be required as part of the approval process.

For registration of establishments intending to export fishery products to Vietnam, the Competent Authority of the exporting country (EIC) shall provide the details in registration documents to the National Agro-Forestry -Fisheries Quality Assurance Department (NAFFQAD), Vietnam, including the details of the establishment(s), information on Food hygiene and safety (FHS) control system and competency of the Competent Authority of the exporting country (EIC) and summary of FHS conditions of the food business operator(s).

Once the name of the establishment is registered with NAFFQAD, Vietnam, the establishment can start export of fishery products to Vietnam, after getting health certificate from the EIA concerned.

General guidance on EU import for live animals and animal products from third countries

EU legislation in the veterinary field lays down the conditions that apply to the imports of live animals and products of animal origin from third countries.

 This provides guidance primarily to the national authorities in third countries who are interested in exporting live animals and/or products thereof to the European Union.

Inspection by the Commission inspection service of the Health and Consumers Directorate General (FVO – Food and Veterinary Office located in Grange- Ireland) is required before approval can be considered.

 This is designed to evaluate whether the animal and public health situation, the official services, the legal provisions, the control systems and production standards, etc., meet EU requirements.

The third country must be a member of the World Organization for Animal Health (OIE) and have systems in place for the rapid detection, reporting and confirmation of the OIE listed diseases.

Approval of seafood processing establishments for export to EU

For marine products meant for export to the EU, Export Inspection Council (EIC) of India is competent authority for the approval of processing establishments and cold storages.

The executive instructions for approval and monitoring of fish & fishery products for export (No. EIC/F&FP/Ex.Inst./March /2012/Issue 4) published by EIC explains the approval procedures for establishments and cold storages.

The facilities intending to get involved in the activities related to the export of the fish & fishery products are to be approved by EIC based on the compliance to the requirements of GOI Notification S.O. 730 (E) dated 21.8.1995, as amended from time to time, and those specified by the EC regulations mentioned above.

General legislation in force

• Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products OJ L 334, 23.12.1996, p. 1 – The principal aims of the common marketing standards for fishery products are to improve products quality and thus make marketing easier to the benefit of both producers and consumers.
• Commission Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards informing consumers about fishery and aquaculture products OJ L 278, 23.10.2001, p. 6
• Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety OJ L 31, 1. 2.2002, p. 1
• Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals OJ L 328, 24.11.2006, p. 14

Requirements for export of fishery products to Japan

HACCP-based food control regulations have been introduced by Japan for some years now, including sanitary and hygienic requirements for fish handling and processing establishments and conditions for storage and transport. Risk analysis principles are being incorporated along with spot checks at the border and with the quality control schemes that often control imports at the source. The main laws controlling entry of food products are the Food Sanitation Law and Quarantine Law.

Fishery Products and relevant regulations are given below:

Importer/Exporter Registrations

All importers of food products must be established in China with a registered business scope that includes the business activities of (a) importing and (b) distributing food products (even if the importer does not intend to commercially distribute the products).

An importer must also be registered as a foreign trade operator with the Ministry of Commerce (“MOFCOM”).

Additionally, producers must register with the State Certification and Accreditation Administration if the food in question is on the “List of Food Imports Subject to Enterprise Registration.” Typically, the food on this list requires additional registration because it has heightened safety requirements (e.g. meat, health products).

If imported food products are not yet certified according to the safety standards of the country of origin, or if it is the first time that particular food products are imported into China, the importers must apply for an import permit. The importers must also submit a safety assessment report to the Food Administration Authority.

The import permit will only be issued after the application is approved. Furthermore, producers and exporters of food products must be registered at the Entry-Exit Inspection & Quarantine Bureau, which periodically issues a list of foreign food producers and export agents.

Additionally, as of October 2012, importers and exporters must register each shipment online with the Administration of Quality Supervision, Inspection and Quarantine (“AQSIQ”) for tracking purposes.

The most important organization concerning labeling requirement of your food exports is the China Entry-Exit Inspection and Quarantine Bureau (CIQ). CIQ requirements change often. Before exporting your products to China check the most recent requirements for labeling and other product certifications.

Labelling requirements: http://english.aqsiq.gov.cn 

 Some products are subjected to the “China Compulsory Certificate”, it is China’s national safety and quality mark. The Certification and Accreditation Administration (CNCA) and the China Quality Certification Centre (CQC) administer the CCC mark. CNCA’s full catalogue of CCC mandatory products can be found here:          www.cnca.gov.cn/cnca/rdht/qzxcprz/rzml/images/20080701/4755.html.

The major requirements for export of fishery products to Russia have been specified in the “Sanitary Regulations for Practice and Distribution of Fishery Products” of Russian Federation. The Federal Service for Veterinary and Phytosanitory Surveillance (FSVPS), Russia regulates the import of fishery products to Russian Federation. Russian Federation recognises Export Inspection Council as the Competent Authority for certifying fishery products meant for export to Russian Federation. Russia mainly follows the requirements of EU for import of fishery products.

The establishments intending to export Fishery products to Brazil shall fill up registration form specified by Brazil for the registration of labels of the products, which is mandatory prior to export of animal by-products to Brazil. The establishments shall fill up registration form in Portuguese or Spanish language and forward the same to EIC through the EIA concerned. 

All the consignments of frozen fishery products meant for export to Saudi Arabia shall be tested for Vibrio cholerae by the EIA concerned at EIA lab, for which 5 composite samples shall be drawn covering all codes & grades considering the consignment pertaining to the health certificate as one lot.