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The U.S. Fish and Wildlife Service (FWS) has finalized a regulatory change redefining "shellfish," removing the long-standing requirement that species under the classification must have an external shell.
The rule, published June 23 in the Federal Register, updates language in the Code of Federal Regulations to align with modern science and industry practices, officials said.
This means that squid, cuttlefish, octopus, and other cephalopods will now be included within the regulatory definition of shellfish, The agency said the move would clear up any ambiguity about classification, which it added has led to inconsistent treatment of mollusks and related species at U.S. ports of entry.
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The change will take effect on July 23, 2026.
What The Rule Changed
Previously, federal regulations defined shellfish as "any species of mollusk having a shell," a requirement that regulators said was outdated and inconsistent with biological classification.
Under the revised definition, shellfish now refers to aquatic invertebrates within the group phylum Mollusca, so including species like oysters, clams, squid and octopus, as well as crustaceans such as lobster, shrimp and crab.
The key change is the removal of the phrase "having a shell," which historically excluded cephalopods despite their classification as mollusks. Cephalopods can have internal, reduced or no external shells, creating regulatory ambiguity at U.S. ports and in wildlife trade enforcement.
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Why It Matters for Trade and Regulation
Officials said the prior definition led to inconsistent treatment of cephalopod shipments, complicating enforcement of import and export rules. The change is something that industry groups have been calling for in recent years.
In October 2025, the U.S. Small Business Administration’s Office of Advocacy warned that the ambiguity of this classification placed squid harvesters in a difficult position, meaning they were "subject to unnecessary regulatory and financial burdens."
According to the office, U.S. companies involved in squid exports and imports are subject to a huge range of fees and costs, including a $93 base inspection rate for each squid shipment, a $100 license, overtime fees, and several others.
"Small businesses are much less able to shoulder these unnecessary costs than their larger counterparts,” the office noted, adding that it recommended National Oceanic and Atmospheric Administration work with FWS to classify squid as either "shellfish" or "fishery products" to "eliminate unnecessary, duplicative regulation by FWS."
The Mid-Atlantic Fishery Management Council also called for the change in 2020, telling the Secretary of the Interior that because of FWS oversight "U.S. squid producers are subject to redundant, time-consuming, and costly licensing and inspection requirements."
"Virtually all other U.S. commercial fishery products are exempt from these regulations, which are intended to prevent the unauthorized trade of endangered and protected wildlife. We recommend that squid be reclassified as either ‘shellfish’ or ‘fishery products’ and therefore exempt from the USFWS inspection and user fee system,” the group added.
What It Means for People With Allergies
Although the change is regulatory rather than medical, the rule explicitly references how cephalopods are already treated in clinical contexts.
According to the agency, squid, octopus and cuttlefish are commonly included among foods associated with shellfish allergies in the medical literature, even though they lack external shells.
For people with shellfish allergies, the update does not introduce new risks but reinforces existing medical understanding. The rule may also help eliminate confusion in labeling, trade terminology and regulatory communication—making it clearer that these species fall within the same broad category from a risk and classification standpoint.
Contact Newsweek editors on this story: Matthew Cannon and Tony Phillips
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