Mary Grace Winfrey, Research Fellow
Two seafood products sitting side by side at a grocery store can appear nearly identical, yet they may be subject to very different legal requirements. This is because seafood regulation in the United States involves multiple federal laws and agencies that govern how seafood products are produced, processed, labeled, and sold. This divided system creates a complex framework that shapes how seafood reaches consumers. This article is part of the National Agricultural Law Center’s Food Foundations series, which explains complex areas of food law and explores the legal frameworks that shape the nation’s food system. To find additional topics in the series, visit the Food Foundations collection.
Background
Two federal agencies primarily regulate the United States’ food supply: the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA). For seafood specifically, FDA oversees the safety, production, and labeling of almost all fish and shellfish sold in the country. Catfish, however, is regulated by the USDA, making it the only seafood product subject to the USDA’s inspection system. Additionally, USDA regulates meat, poultry, and egg products, while FDA has responsibility for the other 80% of the food supply.
This distinction is important because FDA and USDA have different statutory frameworks and employ very different methods of oversight. USDA, through the Food Safety and Inspection Service (FSIS), requires continuous or daily inspection at federally inspected facilities and generally requires label approval before its supervised products enter the marketplace. FDA, on the other hand, oversees most other foods through periodic, risk-based inspections (instead of continuous inspection) and does not routinely require pre-approval of food labels. Instead, FDA-regulated food manufacturers are responsible for ensuring that their labels comply with federal requirements before use, with the agency taking enforcement action only when products are found to be misbranded or otherwise violate the law.
The FDA derives its authority over seafood from the Federal Food, Drug, and Cosmetic Act (FDCA). The FDCA authorizes the agency to ensure that food products are safe, properly manufactured, and accurately labeled. The FDA’s main regulatory mechanism for seafood safety is the Hazard Analysis and Critical Control Points (HACCP), which requires written safety plans from processors. 21 CFR § 123.6. The HACCP system is supported by periodic inspections of seafood facilities. The FDA also enforces labeling requirements to prevent misbranding under the FDCA.
The USDA’s authority over catfish stems from amendments to the Federal Meat Inspection Act (FMIA). Although the FMIA was originally enacted to govern meat products such as beef, pork, and poultry, Congress expanded the statute through the 2008 and 2014 Farm Bills to include catfish. In 2008, catfish was designated as an “amenable species” under the FMIA, meaning a species that is subject to USDA inspection. The 2014 Farm Bill later expanded FMIA’s scope to the entire order Siluriformes. Siluriformes is the scientific name for the order of catfish and related foreign species, and its inclusion as an “amenable species” expanded USDA responsibility for oversight of a greater number of fish.
Before these changes, catfish was regulated under the FDA’s general seafood authority, and subject to periodic rather than continuous inspection. By assigning catfish to USDA, those products are subjected to continuous inspection. Additionally, USDA has more stringent .
Additional federal laws and agencies also contribute to seafood regulation. The Fair Packaging and Labeling Act establishes baseline labeling requirements for consumer products, including seafood. U.S. Customs and Border Protection helps enforce import requirements for seafood entering the United States under the FDCA and the Tariff Act of 1930. The National Oceanic and Atmospheric Administration (NOAA) also administers a voluntary, fee-for-service inspection and grading program under the Agricultural Marketing Act of 1946. More specific requirements exist in the regulations, such as the FDA’s HACCP rule (21 CFR § 123.6) and the USDA’s COOL requirements (7 CFR § 60). Together, these statutes and agencies regulate seafood from importation and processing through labeling and sale.
Catfish
USDA Authority
As previously mentioned, the 2008 and 2014 Farm Bills directed the USDA to build a mandatory inspection program for catfish and to issue the That authority extends to imports as well as domestic processing. Under the USDA, catfish may enter the United States only from countries whose inspection systems the USDA has determined to be equivalent to its own. Only a small number of countries have received that approval, and a list of countries eligible to import Siluriformes can be found here.
Definitions
Catfish is defined differently for inspection purposes versus labeling requirements. For inspection, the rules apply broadly to the order Siluriformes. So, the entire order must pass through the USDA’s Food Safety and Inspection Service (FSIS). For labeling, however, only fish in the family Ictaluridae, the true North American catfish, may actually be sold under the name “catfish.” Related imported species are sold under different market names, such as basa, tra, or swai. As a result, a fish may pass the USDA “catfish” inspection but still not be sold under the name “catfish.”
Because catfish is regulated by FSIS, its labels must comply with the USDA’s general standards. Compared to FDA regulated seafood, FSIS has more extensive food labeling requirements. FSIS requires labels to receive specific approval before usage unless they qualify for generic approval under 9 CFR § 412.2. For more specifics about FSIS’ labeling rules, click here to read NALC article “The Legality of Food Labeling Claims: FSIS’s Regulations for Meat and Poultry Labeling.
Inspection
Because catfish falls under USDA authority, it is subject to continuous inspection by FSIS. This is a stricter standard than what most seafood sees. Instead of periodic visits, FSIS oversees catfish production on an ongoing basis. The rules for this program are set out in 9 CFR § 530-561, which creates mandatory inspection requirements for official establishments where catfish is packaged. These requirements include maintaining sanitary facilities and equipment, following sanitation procedures, implementing food safety controls through HACCP plans, and ensuring that catfish products are properly inspected, handled, marked, and labeled before entering commerce.
USDA’s New Office of Seafood
In April 2026, USDA announced the creation of a new Office of Seafood. Its role differs from the inspection work described above. The office is responsible for providing leadership, expertise, and advice to the Secretary of Agriculture on the seafood industry. Its primary role is to coordinate across USDA agencies so that fishermen and seafood producers are incorporated into the department’s programs. Although the USDA’s regulatory authority over seafood is limited to catfish, USDA has an interest in supporting the entire industry because many United States seafood products are produced through aquaculture. These producers may benefit from USDA programs and resources, even though non-catfish seafood products remain subject to FDA regulation.
FDA Regulation of Seafood
Aside from catfish, the remainder of seafood products fall under FDA oversight. The sections below walk through how that larger portion of the seafood market is regulated.
Food Safety
To keep safe the seafood under its authority, the FDA’s primary tool is through a system known as Hazard Analysis and Critical Control Point (HACCP). The FDA considers HACCP to be “a preventive system of hazard control that can be used by processors to ensure the safety of their products to consumers.” Seafood HACCP regulations require processors to identify potential biological, chemical, and physical hazards that are reasonably likely to occur. Processors must then prepare written HACCP plans that identify critical control points, establish monitoring procedures, outline corrective actions, and maintain records documenting compliance. 21 CFR § 123.6. Rather than relying solely on testing finished products, the HACCP program is focused on preventing food safety hazards before products reach consumers.
One example of this is temperature control. Seafood that isn’t maintained at safe temperatures can allow harmful bacteria to grow. A processor handling refrigerated fish would identify temperature control as a critical control point and establish procedures to monitor temperatures during receiving, storage, or processing. For example, a facility may require employees to check and record the temperature of incoming fish when it arrives. If the product exceeds the facility’s limits, the HACCP plan would identify the corrective action, such as rejecting the shipment or taking additional safety steps. With these provisions in place, processors have a structured system for preventing food safety issues and responding when problems occur.
Inspection
To ensure that seafood facilities comply with food safety requirements, FDA carries out various types of inspections. Unlike the USDA inspection model, the FDA does not inspect every food product before it enters the market. Instead, the FDA conducts either a surveillance, compliance follow-up, or for-cause inspection. Domestic high-risk facilities receive surveillance inspections every three years, while non-high-risk facilities are inspected every five years. Compliance follow-up inspections occur when a previous inspection identified violations. Lastly, for-cause inspections are done when the FDA identifies a specific concern that requires further investigation.
FDA oversight does not end at the border. Because a significant portion of seafood consumed in the United States is imported from other parts of the world, FDA implements several tools to ensure that imported seafood meets federal safety requirements. In addition to the use of HACCP plans, FDA conducts foreign facility inspections, samples imported products and performs foreign country assessments to evaluate a country’s regulatory system and aquaculture practices. FDA has increased its use of foreign site inspections as part of the effort to strengthen oversight of imported seafood. For more information on FDA’s domestic facility inspections, click here to read NALC article “Food Foundations: FDA Human Food Inspections.”
Labeling
FDA regulated seafood is subject to the agency’s general food-labeling rules. Therefore, a seafood label must include a statement of identity, the net quantity of contents, an ingredient list, a Nutrition Facts panel, and the name and address of the manufacturer, packer, or distributor. 21 CFR § 101. These labeling requirements are also mandatory for foods under FSIS jurisdiction – the main differences in the labeling schemes of FDA and USDA revolve around their approval processes.
Unlike FSIS, which requires pre-approval of labels, the FDA primarily enforces labeling requirements through misbranding actions. Seafood can raise unique labeling challenges because many fish species look similar after processing. As a result, consumers might not be able to determine whether the seafood they are purchasing is the species identified on the label. Accordingly, selling fish under the name of a different, and often more expensive, species can amount to misbranding under the FDCA. 21 USC § 343. To keep names consistent and accurate, the FDA maintains The Seafood List, a guide to acceptable market names. The list provides recommendations for names that may be used for different species and helps prevent confusion when similar looking fish are marketed to consumers.
Aside from consumer protection, labeling also has important safety purposes. Fish and crustacean shellfish are recognized as major food allergens, so labels must identify certain species to help avoid potentially harmful allergic reactions. 21 USC § 343(w). By requiring accurate identification and allergen disclosures, FDA labeling requirements help consumers make informed decisions about their seafood purchases. For more information on the federal regulation of food allergens, click here to read NALC article “Food Foundations: The Regulation of Food Allergen Labels.”
Shellfish
Certain seafood products receive additional FDA oversight. In particular, raw molluscan shellfish such as oysters, clams, and mussels pose unique risks associated with how they feed. 21 CFR § 1240.60. Unlike most seafood, molluscan shellfish are filter feeders, meaning that they draw in and retain the water around them. If these waters contain harmful bacteria or toxins, the shellfish could create a food safety risk. To address these concerns, the FDA manages the National Shellfish Sanitation Program. This program establishes sanitation standards that apply throughout the shellfish supply chain. Federal and state agencies work together to monitor harvesting waters and help ensure that shellfish products are safe for consumers.
Additional Labeling Considerations
Both grading and dating, two things consumers often look for on seafood packaging, are voluntary. Unlike food safety and other labeling requirements, grading and dating programs do not determine whether seafood may enter the marketplace. Instead, they provide additional information about product quality and freshness.
Grading
Seafood grading is administered by NOAA through its Seafood Inspection Program on a fee-for-service basis. NOAA evaluates seafood products against United States quality standards and may authorize the use of quality marks, like the U.S. Grade A shield, for products that meet those standards. The grading system includes quality designations that may extend past Grade A. Catfish, for example, may be considered U.S. Grade A, B, or C. Because this is voluntary and paid for by producers, many seafood products are sold without an official NOAA grade.
Dating
There is no federal requirement for seafood to include quality dates. Terms such as “sell by,” “best by,” and “use by” are generally set by the manufacturer. While FSIS does have regulations governing the voluntary inclusion of date labels, it does not define the terms that are required to accompany the calendar date on a product. Because there is no uniform definition for terms such as “sell by” or “use by,” their presence on food could mean some different depending on the product. For more information on date labels, click here to read NALC article “Date Labels and the New California Law.”
Alternative Seafood Products
An additional wrinkle in the seafood regulatory scheme relates to the division of responsibility for alternative seafood products. Alternative seafood products refer to a food product that is not derived from harvested farm-raised or caught seafood but is manufactured to mirror a food product that is. This term encompasses cell-cultivated, plant-based, or insect-based seafood. Plant-based or insect-based seafood alternatives would be regulated by the FDA, including a plant-based or insect-based catfish alternative. Since those food products are derived from a food source under the jurisdiction of the FDA, they would still be under its regulation and must comply with its labeling or inspection requirements.
On the other hand, cell-cultivated seafood regulations are more complex. FDA and USDA share jurisdiction for cell-cultivated meat products. Generally, FDA is responsible for pre-harvest activities and USDA is responsible for post-harvest. However, the joint responsibility is only applicable for cultivated food products “derived from cell lines of a USDA-amenable species.” Thus, only cell-cultivated catfish will be required to undergo both the FDA and the USDA phases of the approval process. For example, in 2025, Wildtype Inc., a cultivated salmon company, completed its consultation with the FDA and received a “no questions letter” that confirmed the safety of its product. Because salmon is fully under the jurisdiction of the FDA, Wildtype was not required to undergo USDA’s portions of the approval process. For more information on the regulation of cell-cultivated meat, click here to view Congressional Researach Service report, “Cell-Cultivated Meat: An Overview.”
Conclusion
The United States food system can be difficult to follow, and seafood is a good example of why. While the FDA and the USDA are the two agencies primarily responsible for regulating food, the distribution of regulatory power is not always clear. Most seafood is regulated by the FDA, but catfish falls under USDA authority, creating a unique regulatory framework within the seafood industry.