Notice2026-06294
Consideration of Acceptable Market Name Change for Certain Rockfish (Sebastes spp.); Request for Information
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Published
April 1, 2026
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA or we) is requesting data and information to help make an evidence-based determination that balances food safety, regulatory clarity, and industry interest regarding a potential update to the acceptable market name for the following fish: Sebastes alutus, Sebastes borealis, Sebastes ciliatus, Sebastes crameri, Sebastes entomelas, Sebastes flavidus, Sebastes goodei, Sebastes levis, Sebastes melanops, Sebastes miniatus, Sebastes ovalis, Sebastes paucispinis, Sebastes pinniger, Sebastes proriger, Sebastes reedi, Sebastes ruberrimus, Sebastes rufus, and Sebastes serranoides.
Full Text
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<title>Federal Register, Volume 91 Issue 62 (Wednesday, April 1, 2026)</title>
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[Federal Register Volume 91, Number 62 (Wednesday, April 1, 2026)]
[Notices]
[Pages 16200-16203]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06294]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2026-N-2741]
Consideration of Acceptable Market Name Change for Certain
Rockfish (Sebastes spp.); Request for Information
AGENCY: Food and Drug Administration (FDA), U.S. Department of Health
and Human Services (HHS).
ACTION: Notice; request for information.
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SUMMARY: The Food and Drug Administration (FDA or we) is requesting
data and information to help make an evidence-based determination that
balances food safety, regulatory clarity, and industry interest
regarding a potential update to the acceptable market name for the
following fish: Sebastes alutus, Sebastes borealis, Sebastes ciliatus,
Sebastes crameri, Sebastes entomelas, Sebastes flavidus, Sebastes
goodei, Sebastes levis, Sebastes melanops, Sebastes miniatus, Sebastes
ovalis, Sebastes paucispinis, Sebastes pinniger, Sebastes proriger,
Sebastes reedi, Sebastes ruberrimus, Sebastes rufus, and Sebastes
serranoides.
DATES: Either electronic or written comments on the notice must be
submitted by May 1, 2026.
ADDRESSES: You may submit comments and information as follows. Please
note that late, untimely filed comments will not be considered. The
<a href="https://www.regulations.gov">https://www.regulations.gov</a> electronic filing system will accept
comments until 11:59 p.m. Eastern Time at the end of May 1, 2026.
Comments received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are received on or
before that date.
Electronic Submissions
Submit electronic comments in the following way:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
<bullet> Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
<bullet> For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2026-N-2741 for ``Consideration of Acceptable Market Name Change
for Certain Rockfish (Sebastes spp.); Request for Information.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those
[[Page 16201]]
submitted as ``Confidential Submissions,'' publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday, 240-402-7500.
<bullet> Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
<a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts or go to the Dockets Management Staff, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852, 240-402-7500.
FOR FURTHER INFORMATION CONTACT: Karen Swajian, Office of
Microbiological Food Safety, Human Foods Program, Food and Drug
Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-1614;
or Lauren Ferguson Baham, Office of Policy and International
Engagement, Human Foods Program, Food and Drug Administration, 5001
Campus Dr., College Park, MD 20740, 240-402-2378.
SUPPLEMENTARY INFORMATION:
I. Background and Current Regulatory Framework
Congress enacted Public Law 119-37 in November 2025, which in
Section 777 directs FDA to engage with industry stakeholders to update
the acceptable market name for the following fishes: Sebastes alutus,
Sebastes borealis, Sebastes ciliatus, Sebastes crameri, Sebastes
entomelas, Sebastes flavidus, Sebastes goodei, Sebastes levis, Sebastes
melanops, Sebastes miniatus, Sebastes ovalis, Sebastes paucispinis,
Sebastes pinniger, Sebastes proriger, Sebastes reedi, Sebastes
ruberrimus, Sebastes rufus, and Sebastes serranoides. The legislation
also directs FDA to provide industry stakeholders with new market name
proposals and to update FDA's Fish and Fishery Products Hazards and
Controls Guidance and any other relevant guidance to reflect any new
market name (Section 777, Pub. L. 119-37, 139 Stat. 1937).
In response to the Congressional directive, we are issuing this
request for information (RFI) to collect necessary data and information
to inform potential updates to the acceptable market name for rockfish
(Sebastes spp.) and ensure any proposal is based on scientifically
sound evidence and considers all stakeholder input. Information
collected will help FDA consider, among other things, consumer
understanding, food safety, and industry operations in determining
whether updates to The Seafood List--FDA's Guide to Determine
Acceptable Seafood Names (The Seafood List) (Ref. 1) and related
guidance documents are warranted. Further, information gathered through
this RFI may help FDA understand potential effects of any name changes
on consumer trust in seafood labeling. FDA will determine appropriate
next steps based on the data and information received.
Seafood must be labeled in a manner that is truthful and not
misleading, as required under section 403(a)(1) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 343(a)(1)). An important
aspect of truthful labeling for seafood is identifying the species by
their acceptable market names. FDA developed The Seafood List to
provide guidance to industry about what FDA considers to be acceptable
market names for seafood sold in interstate commerce. The acceptable
market name or the common name cannot be prohibited by statute or
regulation (Ref. 1). The Seafood List is updated every six months, as
resources permit, and updates may include new listings and
modifications to existing listings to include scientific name changes
based on updated scientific information (Ref. 1).
In addition to the acceptable market name guidance provided in The
Seafood List, FDA's seafood Compliance Policy Guides (CPGs) provide
further guidance on the labeling of seafood. Specifically, FDA's CPG
Sec. 540.750 ``Use of The Seafood List to Determine Acceptable Seafood
Names'' explains our policy that acceptable market names should be
consistent, accurate, and non-misleading for seafood sold in interstate
commerce (Ref. 2). Incorrect use of an established acceptable market
name that results in the labeling being false and/or misleading can
result in the product being misbranded under section 403(a)(1) of the
FD&C Act.
Over the years, FDA has received requests from industry
stakeholders to change the acceptable market name that can appear on a
product label in The Seafood List for certain Sebastes species from
``rockfish'' to ``snapper'' for products sold in interstate commerce.
Such requests have cited reasons ranging from providing modernized,
consumer-friendly names for certain Sebastes species that may have
lesser known or less attractive market names (i.e., Rockfish) or common
names (e.g., Cowcod, Dusky Rockfish) to increasing economic value for
the Sebastes species. Currently, The Seafood List identifies
``rockfish'' as the acceptable market name for fish of the genus
Sebastes, which contains over 100 species. These fish belong to the
order Scorpaeniformes and family Sebastidae, as classified by the
Integrated Taxonomic Information System (ITIS) (Ref. 3). The Seafood
List identifies ``snapper'' as the acceptable market name for fish of
the genus Lutjanus. Snapper belongs to the order Perciformes and family
Lutjanidae, as classified by the ITIS (Ref. 4). Therefore, under our
current policy for seafood sold in interstate commerce, if rockfish
(Sebastes spp.) is labeled and sold in interstate commerce under the
name ``snapper,'' FDA would consider this labeling to be false or
misleading and the product to be misbranded under section 403(a)(1) of
the FD&C Act.\1\ Further, FDA's policy is that Lutjanus campechanus is
the only fish that may be lawfully sold in interstate commerce
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as ``red snapper.'' \2\ As explained in FDA's CPG Sec. 540.475, FDA
considers the labeling or sale in interstate commerce of any fish other
than Lutjanus campechanus as ``red snapper'' to constitute misbranding
under section 403(b) of the FD&C Act, which provides that a food is
misbranded if it is offered for sale under the name of another food
(Ref. 5).
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\1\ We are aware that when sold within intrastate commerce in
some West Coast states, the Sebastes species are commonly referred
to as ``Pacific snapper.'' In addition, Sebastes species are also
referred to as ``Rock cod'' or ``Black bass'' within interstate
commerce in this geographic region. We note that in some states in
the Mid-Atlantic region, the striped bass (Morone saxatilis) is
commonly referred to as ``rockfish'' within intrastate commerce.
\2\ We are also aware that some West Coast states allow specific
Sebastes species to be labeled as ``Pacific red snapper'' within
intrastate commerce, although these specific Sebastes species are
quite different from Lutjanus campechanus and other Lutjanus species
in appearance, flavor, and texture (Ref. 5).
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While industry interest to date has centered on variations of
``snapper'' as a preferred name change for rockfish, the Congressional
language in Section 777 of Public Law 119-37 was not so narrowly
focused. Congress directed FDA to provide industry stakeholders with
new market name proposals for the certain Sebastes species listed in
Section 777, and therefore we are seeking data and information on any
new or alternative acceptable market names for the Sebastes species.
To help inform public comments, we have identified the following
issues we intend to consider when determining appropriate updates to
the acceptable market name for rockfish (Sebastes spp.).
II. Consideration of Issues
A. Scientific Classification and Potential Consumer Confusion
Fish species, such as rockfish (Sebastes spp.), belong to unique
taxonomic order and family with distinct biological characteristics. In
recent years there have been reports of seafood in the U.S. being
labeled with an incorrect market name that has resulted in consumer
confusion (Ref. 6). Seafood mislabeling can impact consumer expectation
of the distinction in the taste, texture, and quality characteristics
of fish (Ref. 7). Additionally, seafood mislabeling can result in
purchase value differences, especially in instances where the name of
the fish used on the labeling typically commands premium market prices
(Ref. 5, Ref. 7).
B. Food Safety and Hazard Identification
Food safety hazards associated with various fish species may
differ. FDA's guidance ``Fish and Fishery Products Hazards and
Controls'' (June 2022) explains the primary hazard for rockfish
(Sebastes spp.) is parasites, which require proper cooking or freezing
to destroy (Ref. 8). This is different from other species, such as, for
example, snapper (Lutjanus spp.) or grouper (Serranidae family), where
the primary hazard is ciguatera poisoning caused from a bioaccumulation
of the toxin produced by algae and consumed by fish through the food
web (Ref. 8). If an acceptable market name of a fish species is
changed, there is a risk that seafood processors could implement
controls for incorrect hazards, which could potentially harm consumers
and unnecessarily expend processor resources to mitigate hazards for
the wrong fish. We seek comment on how to mitigate potential food
safety risks that may arise with a market name change, for example,
from rockfish to another market name currently used by another species
or to a new market name.
C. Labeling Considerations
FDA's ``Guidance for Industry: The Seafood List FDA's Guide to
Determine Acceptable Seafood Names'' (Seafood List Guidance) provides
further labeling guidance on understanding and using The Seafood List
and principles for determining acceptable market names for use in
interstate commerce (Ref. 9). The Seafood List Guidance states that FDA
recognizes the names listed in the ``Acceptable Market Name'' and
``Common Name'' columns as suitable for the required label statement of
identity (21 CFR 101.3(b)(1)) and the required ingredient list (21 CFR
101.4) (Ref. 9). Accordingly, if FDA updated the acceptable market name
for rockfish (Sebastes spp.) to a new market name or the market name of
another species, that term could be used in both the Principal Display
Panel and the ingredient list, provided that the labeling is not false
or misleading under section 403(a)(1) of the FD&C Act.
The Seafood List Guidance also explains that a name may be
unacceptable if it is the same as the name of another species or is
confusingly similar to the name of another species (Ref. 9). For
example, ``snapper'' is the acceptable market name for Lutjanus as well
as an acceptable market name for Lutjanus campechanus (red snapper),
which can use both ``snapper'' and ``red snapper'' (Ref. 9). Given how
``snapper'' and ``red snapper'' are already labeled in interstate
marketplace, use of ``snapper'' for the Sebastes species could result
in misbranding concerns under section 403(a)(1) of the FD&C Act. In
addition, The Seafood List Guidance explains that vernacular names
generally are not acceptable names for labeling in interstate commerce,
and their use may result in misbranding under section 403(a)(1) of the
FD&C Act. The Seafood List currently lists ``Pacific red snapper'' and
``Green Rockfish'' as prohibited vernacular names for Sebastes
flavidus, which is one of the fish that Section 777 of Public Law 119-
37 lists to be considered for an acceptable market name change. If FDA
allows for a current acceptable market name for a defined genus to be
used in interstate commerce for additional species outside of the
defined genus, this may increase the likelihood of the use of currently
prohibited vernacular names (Ref. 9). Accordingly, FDA may need to
consider changes to prohibited vernacular names, should we update the
acceptable market name.
D. Food Allergen Labeling Considerations
Allergenicity in fish varies significantly by species due to
differing levels and types of the major allergen, a protein family
called parvalbumins (Ref. 10). While cross-reactivity among fish
species has been commonly reported for fish allergy for closely related
fishes, some individuals can tolerate certain fish species while being
highly sensitized to others (Ref. 10, Ref. 11). The food allergen
labeling requirements of the FD&C Act classify finfish as a major food
allergen and require that the specific fish be identified on the label
in the list of ingredients or in a ``Contains'' statement (sections
201(qq) and 403(w) of the FD&C Act (21 U.S.C. 321(qq) and 343(w))). To
help consumers identify allergens, the FD&C Act requires this
declaration to use the common or usual name.
Changing the acceptable market name of rockfish to another term
could potentially cause food safety issues for certain consumers.
Consumers allergic to rockfish--but not another species--could
inadvertently consume rockfish products if it were labeled with a new
market name or the market name of another species and experience
allergic reactions. We note that if we update The Seafood List to
include a new or current market name in the product label for rockfish
(Sebastes spp.), manufacturers will still need to comply with allergen
labeling requirements under the FD&C Act.
III. Request for Information
We invite comment on the questions below. Please explain your
answers and provide references and data, if possible. FDA is seeking
comprehensive information from all interested parties, including
industry members, consumer groups, state regulatory agencies, and
[[Page 16203]]
other stakeholders, on the following topics:
1. How are rockfish (Sebastes spp.) currently labeled and marketed
in intrastate commerce? Please provide supporting evidence.
2. How do consumers perceive the quality, taste, texture, and value
of products labeled as rockfish (Sebastes spp.) as compared to other
species? Please provide supporting evidence.
3. What new or alternative market names for rockfish (Sebastes
spp.), if any, would be scientifically accurate, consumer-friendly, and
minimize confusion with existing product categories? Please explain.
4. There are biological and taxonomical differences between
rockfish (Sebastes spp.) and other species, such as snapper (Lutjanus
spp.). Is there data or any information available to support allowing
rockfish to be labeled with the market name of another species? Please
explain.
5. Given the food hazard differences that may exist between
rockfish (Sebastes spp.) and other species, what food safety incidents,
if any, have been associated with labeling rockfish (Sebastes spp.)
with other market names within intrastate commerce? How could these be
minimized in any changes to the acceptable market name for rockfish
(Sebastes spp.)? Please explain.
6. Are there economic or other impacts anticipated if rockfish
(Sebastes spp.) were labeled with the market name of another species
(versus a new market name)?
7. How would changes to the acceptable market name for rockfish
(Sebastes spp.) affect Hazard Analysis and Critical Control Point
(HACCP) plans and other food safety programs? Please explain and
include information on any estimated compliance costs for industry to
update labeling, recordkeeping, and HACCP plans.
IV. References
The following references marked with an asterisk (*) are on display
at the Dockets Management Staff (see ADDRESSES) and are available for
viewing by interested persons between 9 a.m. and 4 p.m., Monday through
Friday; they also are available electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. References without asterisks are not on public
display at <a href="https://www.regulations.gov">https://www.regulations.gov</a> because they have copyright
restriction. Some may be available at the website address, if listed.
References without asterisks are available for viewing only at the
Dockets Management Staff. Although FDA verified the website addresses
in this document, please note that websites are subject to change over
time.
* 1. U.S. Food and Drug Administration. January 2026. ``The Seafood
List.'' . Accessed February 27, 2026. Available at <a href="https://hfpappexternal.fda.gov/scripts/fdcc/index.cfm?set=SeafoodList">https://hfpappexternal.fda.gov/scripts/fdcc/index.cfm?set=SeafoodList</a>.
* 2. U.S. Food and Drug Administration. July 2020. ``CPG Sec
540.750--Use of The Seafood List to Determine Acceptable Seafood
Names.'' Accessed February 27, 2026. Available at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cpg-sec-540750-use-seafood-list-determine-acceptable-seafood-names">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cpg-sec-540750-use-seafood-list-determine-acceptable-seafood-names</a>.
* 3. Integrated Taxonomic Information System (ITIS) online database.
``Sebastes.'' Accessed February 27, 2026. Available at <a href="https://www.itis.gov">https://www.itis.gov</a>, CC0 <a href="https://doi.org/10.5066/F7KH0KBK">https://doi.org/10.5066/F7KH0KBK</a>.
* 4. Integrated Taxonomic Information System (ITIS) online database.
``Lutjanidae.'' Accessed February 27, 2026. Available at <a href="http://www.itis.gov">http://www.itis.gov</a>, CC0 <a href="https://doi.org/10.5066/F7KH0KBK">https://doi.org/10.5066/F7KH0KBK</a>.
* 5. U.S. Food and Drug Administration. October 1980. ``CPG Sec
540.475 Snapper--Labeling.'' Accessed February 27, 2026. Available
at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cpg-sec-540475-snapper-labeling">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cpg-sec-540475-snapper-labeling</a>.
* 6. U.S. Food and Drug Administration. March 2024. ``FDA DNA
Testing at Wholesale Level to Evaluate Proper Labeling of Seafood
Species.'' Available at <a href="https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/fda-dna-testing-wholesale-level-evaluate-proper-labeling-seafood-species">https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/fda-dna-testing-wholesale-level-evaluate-proper-labeling-seafood-species</a>.
* 7. U.S. Food and Drug Administration. March 2024. ``Seafood
Species Substitution and Economic Fraud.'' Accessed March 13, 2026.
Available at: <a href="https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/seafood-species-substitution-and-economic-fraud">https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/seafood-species-substitution-and-economic-fraud</a>.
* 8. U.S. Food and Drug Administration. June 2022. ``Fish and
Fishery Products Hazards and Controls.'' Available at: <a href="https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/fish-and-fishery-products-hazards-and-controls">https://www.fda.gov/food/seafood-guidance-documents-regulatory-information/fish-and-fishery-products-hazards-and-controls</a>.
* 9. U.S. Food and Drug Administration. August 2023. ``Guidance for
Industry: The Seafood List FDA's Guide to Determine Acceptable
Seafood Names.'' Accessed February 27, 2026. Available at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-seafood-list-fdas-guide-determine-acceptable-seafood-names#principles">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-seafood-list-fdas-guide-determine-acceptable-seafood-names#principles</a>.
* 10. Frontiers in Immunology. April 2014. ``Fish Allergens at a
Glance: Variable Allergenicity of Parvalbumins, the Major Fish
Allergens.'' Accessed February 27, 2026. Available at <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC4001008/">https://pmc.ncbi.nlm.nih.gov/articles/PMC4001008/</a>.
* 11. The Journal of Allergy and Clinical Immunology: In Practice.
November 2018. ``Patients Allergic to Fish Tolerate Ray Based on the
Low Allergenicity of Its Parvalbumin.'' Accessed February 27, 2026.
Available at <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC7060078/">https://pmc.ncbi.nlm.nih.gov/articles/PMC7060078/</a>.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2026-06294 Filed 3-31-26; 8:45 am]
BILLING CODE 4164-01-P
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