Mislabeled seafood could become illegal

If those tasty crustaceans smothered by grits in S.C. restaurants are from Florida, the restaurant owner would be breaking the law by calling them “local” shrimp, under a change working its way through the legislature.

The same goes for “local” grouper in the display case at the grocery store that’s really from Asia.

The new definition for local seafood would be added to the state’s food labeling regulations in a bill, H.3297, which has made it to the House floor. Even if the bill passes the House in the next two weeks, the Senate won’t consider it until 2014.

Violators would face a misdemeanor charge, but the emphasis is less on punishment than on making clearly illegal what local seafood industry leaders see as a deceptive practice.

“I think misrepresentation is rampant and always has been,” said Rick Baumann, owner of Murrells Inlet Seafood, who said his business has always labeled its seafood accurately. “Ninety percent or more of restaurants around here are not serving local seafood to honor what they put on their marquises, or what they put on their menus, but the public comes down here and they assume because they’re so close to the beach that that’s what they’re getting.”

Baumann said it’s difficult for restaurants to justify paying the high prices for seafood here because in these economic times, diners don’t want to spend more, they want to spend less. He said local seafood is sold in other areas of the country and in Canada, where there are diverse populations that value fresh fish. He said Canadians through much of the year are able to set the market prices because in cities such as Toronto and Montreal, they are willing to pay top dollar.

“The truth in seafood bill is very well-intentioned, and I support it,” said Baumann, who said bill sponsor Rep. Stephen Goldfinch, R-Georgetown, has been good to his word and has done a good job representing the area’s fishing community in an exemplary fashion. However, he said there are a lot of laws on the books now that are not enforced because no state agency has enough manpower. “I hope they will refine the bill enough that it will require infrastructure and funding for someone to enforce it.”

Tyrone Blackwell, manager at Shelley’s Seafood in Conway, said they do local and out-of-town business, and they let customers know where everything they sell comes from and how long they’ve had it.

“That’s one of the most important things with being in the fish business, and it’s very necessary,” Blackwell said. “We have a customer who can’t eat crabs that are not local. ... You never know what the customer’s health issues are.”

How pervasive a practice? It’s difficult to say.

“I know it’s a lot, but what is ‘a lot?’?” said Frank Blum, executive director of the S.C. Seafood Alliance.

The state’s seafood industry’s revenue dropped to $24 million in 2004 from $48 million in 1995, a dip attributed mainly to foreign competition. The local drop came at a time when seafood consumption worldwide was growing.

“Foreign aquaculture grew like a weed,” Blum said. “It kept up with, and passed a little, what was needed for consumption.”

Changes in U.S. and state regulations that reduced local catch of some species also had an impact. State seafood revenue has inched up to about $27 million since 2004, Blum said.

Nearly 90 percent of seafood consumed in the U.S. is caught or raised in foreign waters, Blum said. It’s unlikely every grocery store, market or restaurant advertising local seafood is telling the truth.

“If you’re running a restaurant, the top restaurants are going to be truthful because they can charge a lot,” Blum said. “People will pay more because they want the best stuff.”

As for the places with cheap prices, they probably aren’t selling local products, Blum said. They might not be selling what they’re advertising at all.

A 2011 study by Clemson University’s Peter Marko using DNA samples found 15 percent of 33 fish labeled in stores as Chilean sea bass either were a different variety of sea bass or were a different species of fish. A 2004 study by Marko found 77 percent of fillets advertised as red snapper weren’t.

At the Blue Marlin Restaurant in Columbia, executive chef and general manager Brian Dukes endeavors to use local seafood, and all other foods, as often as possible.

“There’s not enough shrimp produced in the state of South Carolina to support the demand,” Dukes said.

In that case, Blue Marlin won’t be allowed to call its shrimp “local.” The bill defines “local seafood” as coming from South Carolina, North Carolina or Georgia. Goldfinch said that allows boat operators to not worry about whether they’ve crossed into neighboring state’s waters.