Consumer Seafood Safety Act of 1990

Consumer Seafood Safety Act of 1990 - Title I: Mandatory Health Assurance Program - Requires the Commissioner of the Food and Drug Administration to develop a National Shellfish Safety Program to protect public health and ensure the safety of shellfish. Requires the establishment of standards regarding: (1) growing, harvesting, processing, and shipment; (2) water quality; and (3) bacterial, viral, and chemical contaminants.

Requires the Commissioner to prescribe procedures for the closure of harvesting areas that do not comply with the standards.

Requires each shellfish producing State to submit to the Commissioner for certification annually a State shellfish safety program. Deems adulterated any shellfish harvested: (1) in an uncertified State; or (2) from an area closed by the Commissioner or a State.

Directs the Secretary of Commerce, if no practicable alternative exists, to establish standards for handling, storing, and transporting fish and fish products on fishing and fish tender vessels. Deems adulterated fish or fish products handled, stored, or transported in violation of these provisions.

Provides for monitoring, restriction, and closure of fish and shellfish harvesting areas likely to: (1) be in violation of the standards; or (2) impose a threat to public health.

Directs the Secretary to provide financial assistance to States: (1) with certified shellfish programs; and (2) to monitor harvesting areas.

Deems violations of regulations under this title to be prohibited acts under provisions of the Federal Food, Drug, and Cosmetic Act.

Authorizes appropriations to carry out this title.

Amends the Magnuson Fishery Conservation and Management Act to authorize the Secretary of Commerce to promulgate emergency regulations to prohibit or restrict the harvesting, transportation, processing, or sale of fish in specific areas of the Exclusive Economic Zone.

Title II: Comprehensive Fish Safety Program - Directs the Secretary of Commerce to exempt from specific provisions of this title certain types of situations, including: (1) fish processing by an individual for use in that individual's household; (2) custom processing for use in the household of the product owner; and (3) processing of products not intended for nor capable of use as human food.

Directs the Secretary to develop and administer a comprehensive and efficient inspection program for fish products to protect the consuming public from products that may be adulterated or misbranded. Sets forth program requirements.

Directs the Commissioner of Food and Drugs to establish tolerances, except where tolerances are established by the Administrator of the Environmental Protection Agency, for poisonous or deleterious substances, and for harmful chemicals, toxins, parasites, pathogenic microorganisms, viruses, bacteria, and other harmful agents that may adulterate fish products, set at levels so that fish products are not injurious to human health. Requires that the tolerances be based on a scientific analysis of health risks. Allows tolerances to include the use of indicator organisms from which it may reasonably be inferred that a hazardous or injurious contaminant is present.

Authorizes the Secretary to provide financial and other aid to States to continue, strengthen, or establish fish product safety and quality assurance programs at least equal to the program established under this title.

Provides for approval by the Secretary of such State programs and for exclusion of a State with an approved program from the Federal program.

Directs the Secretary to annually grant to each State with an approved program up to 50 percent of the cost of operating a Federally equivalent State program.

Allows the Secretary, under agreements with State or local agencies and on a reimbursable or other basis, to use the personnel, services, and facilities of the agencies in conducting registrations, inspections, monitoring, and certifications under this title. Directs the Secretary to reimburse the State for the cost of training State employees and for the actual cost of inspections performed by State employees.

Provides for the power of inspectors and for seizure, detention, condemnation, and destruction of adulterated or misbranded fish products.

Sets forth requirements regarding sanitary conditions in the maintenance of facilities and in storage or handling of fish products.

Allows the Secretary to exempt, until July 1, 1995, handling or processing from the inspection requirements of this title if: (1) inspection is impractical based on the amount of appropriated funds; and (2) an exemption will aid in the effective transition to the program under this title.

Prohibits importers from processing or handling any fish product without certification. Provides for annual certification by the Secretary.

Provides for labeling, packaging, and marking of fish products. Allows the Secretary to permit products to bear a seal stating that the products were processed in accordance with Federal standards. Allows the Secretary to prescribe definitions and standards of identity or composition. Requires an official mark on products processed in a certified establishment. Prohibits the sale of an article under a name or other marking or labeling that is false or misleading, or in a container of a misleading form or size.

Requires fish or fish products entered, or withdrawn from warehouse, for consumption in the United States to: (1) not be adulterated or misbranded; (2) comply with all U.S. standards; and (3) be marked and labeled as required for imported articles. Deems fish and fish products which comply with these requirements, upon entry, to be domestic. Requires random inspections and sampling of imports. Sets forth procedures relating to articles refused entry.

Provides for issuance by the Secretary of a certificate to a foreign nation which has a program at least equal to the program under this title. Requires: (1) inspection of all fish or fish products imported from uncertified nations; and (2) random inspections and sampling of fish and fish products from certified nations. Defines "fish" and "fish product" to include shellfish.

Prohibits considering fish products intended for export adulterated or misbranded if they are not in conflict with the laws of the importing country and if other conditions are met. Directs the Secretary, on request of an exporter, to certify the condition of inspected exports.

Authorizes the Secretary to require the recall of any adulterated or misbranded fish products.

Directs the Secretary of Health and Human Services, through the Centers for Disease Control, to establish an active surveillance system to provide an estimate of the frequency of human disease in the United States associated with seafood.

Lists acts prohibited with regard to fish products, including those relating to processing, handling, inspection, sale, transportation, and possession. Sets forth civil and criminal penalties. Exempts a common carrier from penalties unless it: (1) had knowledge, or possessed facts that would cause a reasonable person to believe, that products were adulterated or misbranded or otherwise not eligible for transportation; or (2) refuses to furnish certain information to the Secretary. Provides for other crimes, including those related to bribery or assault.

Directs the Commissioner of the Food and Drug Administration and the Secretary of Commerce to implement a national consumer education program on seafood.

Directs the Secretary to establish and administer 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 coordination with the National Shellfish Indicator Study. Authorizes the Secretary to enter into contracts to carry out the research program.

Requires the cost of inspections under this title to be borne by the United States, except for the cost of overtime and holiday work, which must be borne by the establishments.

Authorizes appropriations to carry out this title.

Sets forth whistleblower protections, including: (1) prohibiting discriminating against an employee for refusal to perform work in violation of this title; (2) complaints to and relief orders from the Secretary of Labor; and (3) civil actions by the Secretary of Labor to enforce a relief order.