False advertising 4 out of 10 times?

http://thedailyworld.com/newswire/nationworld/study_uncovers_false_salmon_labeling

Is there even a penalty for false-advertising of fish?

I believe Dept of Agriculture can levy a fine but the question is to who?

Do they "clip" pen raised fish? How about the release of the CR farmed trout from Eastern Washington. Labeled as Steelhead in stores; will they make it down to the ocean?

Also look at our WA Harvest Tag. Clip type: H or W correct? Wild is basicly any other than clipped???

You're right.... the distributor/supplier or the restaurant.

The restaurant could just play dumb and say I was sold a load of WILD salmon, so that's what I advertised.

Yes, there is a penalty.
This is the jurisdiction of the USFDA - The Federal Food and Drug Cosmetics Act.-Center for Food Safety and Applied Nutrition - CFSAN

If the restaurant / store is falsely labeling or selling product please call the local FDA, all complaints will be investigated.

This practice is becoming more and more prevalent and it needs to stop.

This is fraud and if convicted they will be prosecuted to the full extent of the law; and yes they will prosecute if they find evidence of economic fraud.

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELDEV3103358




‘‘(c) FINES.—If, on completion of the 30-day period described in
subsection (b)(2), the Secretary determines that the retailer has willfully
violated section 282, after providing notice and an opportunity
for a hearing before the Secretary with respect to the violation, the
Secretary may fine the retailer in an amount of not more than
$10,000 for each violation.



‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture, acting through the Agricultural Marketing Service.
‘‘(9) WILD FISH.—
‘‘(A) IN GENERAL.—The term ‘wild fish’ means naturally-
born or hatchery-raised fish and shellfish harvested
in the wild.
‘‘(B) INCLUSIONS.—The term ‘wild fish’ includes a fillet,
steak, nugget, and any other flesh from wild fish or shellfish.
‘‘(C) EXCLUSIONS.—The term ‘wild fish’ excludes netpen
aquacultural or other farm-raised fish.



The term willfully is the big if as in did the retailer know what he bought is actually what he ordered.

“The term willfully is the big if as in did the retailer know what he bought is actually what he ordered.”

This is one area (Fish and Shellfish) the USDA does not monitor. That role has been passed on to the FDA
The restaurant / store have a chain of custody showing the origin of the fish. If the COC goes back to the supplier than the vendor would be clear.
Traceability is very easy to do and the records are kept for 3+ years,

I get the feeling one goverment agency has no idea what another one is doing, but nothing new there.

How can the State or the Feds complain about this ?? I don'e see a difference. Don't they do same thing on our rivers and streams...No it's a wild, no!!! it's a natural spawner..oh that's a hatchery fish for sure let it go.