[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1421 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 289
118th CONGRESS
  1st Session
                                S. 1421

 To require origin and location disclosure for new products of foreign 
                origin offered for sale on the internet.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2023

Ms. Baldwin (for herself, Mr. Vance, Mr. Scott of Florida, Mr. Hawley, 
Mr. Braun, and Mr. Brown) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           December 13, 2023

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require origin and location disclosure for new products of foreign 
                origin offered for sale on the internet.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Country Of Origin Labeling 
Online Act'' or the ``COOL Online Act''.</DELETED>

<DELETED>SEC. 2. MANDATORY ORIGIN AND LOCATION DISCLOSURE FOR NEW 
              PRODUCTS OF FOREIGN ORIGIN OFFERED FOR SALE ON THE 
              INTERNET.</DELETED>

<DELETED>    (a) Mandatory Disclosure.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Disclosure.--Subject to subparagraph 
                (B), it shall be unlawful for a product that is marked 
                or required to be marked under section 304 of the 
                Tariff Act of 1930 (19 U.S.C. 1304) to be introduced, 
                sold, advertised, or offered for sale in commerce on an 
                internet website unless the internet website 
                description of the product indicates in a conspicuous 
                place--</DELETED>
                        <DELETED>    (i) the country of origin of the 
                        product (or, in the case of a multi-sourced 
                        product, the countries of origin), in a manner 
                        consistent with the regulations prescribed 
                        under such section 304; and</DELETED>
                        <DELETED>    (ii) the country in which the 
                        seller of the product has its principal place 
                        of business.</DELETED>
                <DELETED>    (B) Exclusions.--</DELETED>
                        <DELETED>    (i) Agricultural products.--The 
                        disclosure requirements under clauses (i) and 
                        (ii) of subparagraph (A) shall not apply to--
                        </DELETED>
                                <DELETED>    (I) a covered commodity 
                                (as defined in section 281 of the 
                                Agricultural Marketing Act of 1946 (7 
                                U.S.C. 1638));</DELETED>
                                <DELETED>    (II) a meat or meat food 
                                product subject to inspection under the 
                                Federal Meat Inspection Act (21 U.S.C. 
                                601 et seq.);</DELETED>
                                <DELETED>    (III) a poultry or poultry 
                                product subject to inspection under the 
                                Poultry Products Inspection Act (21 
                                U.S.C. 451 et seq.); or</DELETED>
                                <DELETED>    (IV) an egg product 
                                subject to regulation under the Egg 
                                Products Inspection Act (21 U.S.C. 1031 
                                et seq.).</DELETED>
                        <DELETED>    (ii) Food and drugs.--The 
                        disclosure requirements under clauses (i) and 
                        (ii) of subparagraph (A) shall not apply to a 
                        food or drug (as those terms are defined in 
                        paragraphs (f) and (g), respectively, of 
                        section 201 of the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 321) that is subject to 
                        the jurisdiction of the Food and Drug 
                        Administration.</DELETED>
                        <DELETED>    (iii) Used or previously owned 
                        articles.--The disclosure requirements under 
                        clauses (i) and (ii) of subparagraph (A) shall 
                        not apply to any used or previously owned 
                        article sold by an internet website marketplace 
                        or a seller on an internet website marketplace. 
                        For the purposes of the preceding sentence, the 
                        term ``used or previously owned article'' means 
                        an article that was previously sold or offered 
                        for sale at retail.</DELETED>
                        <DELETED>    (iv) Small seller.--The disclosure 
                        requirements under clauses (i) and (ii) of 
                        subparagraph (A) shall not apply to goods 
                        listed by a small seller. For the purposes of 
                        the preceding sentence, the term ``small 
                        seller'' means a seller with annual sales of 
                        less than $20,000 and fewer than 200 discrete 
                        sales.</DELETED>
                <DELETED>    (C) Multi-sourced products.--For purposes 
                of subparagraph (A)(i), a product shall be considered 
                to be a ``multi-sourced product'' if a seller offers 
                for sale a finished product, identical versions of 
                which are produced in multiple countries.</DELETED>
        <DELETED>    (2) Certain drug products.--It shall be unlawful 
        for a drug that is not subject to section 503(b)(1) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and 
        that is required to be marked under section 304 of the Tariff 
        Act of 1930 (19 U.S.C. 1304) to be offered for sale in commerce 
        to consumers on an internet website unless the internet website 
        description of the drug indicates in a conspicuous place the 
        name and place of business of the manufacturer, packer, or 
        distributor that is required to appear on the label of the drug 
        in accordance with section 502(b) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 352(b)).</DELETED>
        <DELETED>    (3) Obligation to provide.--A manufacturer, 
        importer, distributor, seller, supplier, or private labeler 
        seeking to have a product introduced, sold, advertised, or 
        offered for sale in commerce shall provide the information 
        identified clauses (i) and (ii) of paragraph (1)(A) or 
        paragraph (2), as applicable, to the relevant 
        retailer.</DELETED>
        <DELETED>    (4) Safe harbor.--A retailer or a seller on an 
        internet website marketplace satisfies the disclosure 
        requirements under clauses (i) and (ii) of paragraph (1)(A) or 
        paragraph (2), as applicable, if the disclosure includes the 
        country of origin and seller information provided by a third-
        party manufacturer, importer, distributor, seller, supplier, or 
        private labeler of the product.</DELETED>
<DELETED>    (b) Enforcement by the Commission.--</DELETED>
        <DELETED>    (1) Unfair or deceptive acts or practices.--A 
        violation of subsection (a) shall be treated as a violation of 
        a rule prescribed under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).</DELETED>
        <DELETED>    (2) Powers of the commission.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall 
                enforce this section in the same manner, by the same 
                means, and with the same jurisdiction, powers, and 
                duties as though all applicable terms and provisions of 
                the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this 
                section.</DELETED>
                <DELETED>    (B) Privileges and immunities.--Any person 
                that violates subsection (a) shall be subject to the 
                penalties and entitled to the privileges and immunities 
                provided in the Federal Trade Commission Act (15 U.S.C. 
                41 et seq.) as though all applicable terms and 
                provisions of that Act were incorporated and made part 
                of this section.</DELETED>
                <DELETED>    (C) Authority preserved.--Nothing in this 
                section may be construed to limit the authority of the 
                Commission under any other provision of law.</DELETED>
        <DELETED>    (3) Interagency agreement.--Not later than 6 
        months after the date of enactment of this section, the 
        Commission, the U.S. Customs and Border Protection, and the 
        Department of Agriculture shall--</DELETED>
                <DELETED>    (A) enter into a Memorandum of 
                Understanding or other appropriate agreement for the 
                purpose of providing consistent implementation of this 
                section; and</DELETED>
                <DELETED>    (B) publish such agreement to provide 
                public guidance.</DELETED>
        <DELETED>    (4) Definition of commission.--In this subsection, 
        the term ``Commission'' means the Federal Trade 
        Commission.</DELETED>
<DELETED>    (c) Limitation of Liability.--A retailer or seller is not 
in violation of subsection (a) if--</DELETED>
        <DELETED>    (1) a third-party manufacturer, distributor, 
        seller, supplier, or private labeler provided the retailer or 
        seller with a false or deceptive representation as to the 
        country of origin of a product or its parts or processing; 
        and</DELETED>
        <DELETED>    (2) the retailer or seller--</DELETED>
                <DELETED>    (A) relied in good faith on that 
                representation; and</DELETED>
                <DELETED>    (B) took immediate action to remove any 
                such false or deceptive representations upon 
                notice.</DELETED>
<DELETED>    (d) Authority Preserved.--Nothing in this section may be 
construed to limit the authority of the Department of Agriculture, the 
Food and Drug Administration, or U.S. Customs and Border Protection 
under any other provision of law.</DELETED>
<DELETED>    (e) Effective Date.--This section shall take effect 12 
months after the date of the publication of the Memorandum of 
Understanding or agreement under subsection (b)(3).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Country Of Origin Labeling Online 
Act'' or the ``COOL Online Act''.

SEC. 2. MANDATORY ORIGIN DISCLOSURE FOR NEW PRODUCTS OF FOREIGN ORIGIN 
              OFFERED FOR SALE ON THE INTERNET.

    (a) Mandatory Disclosure.--
            (1) In general.--
                    (A) Disclosure.--Subject to the succeeding 
                provisions of this paragraph, it shall be unlawful for 
                an online store, an online marketplace, or a seller to 
                introduce, sell, or offer for sale on an internet 
                website a product that is marked or required to be 
                marked under section 304 of the Tariff Act of 1930 (19 
                U.S.C. 1304) unless the country of origin is disclosed 
                in a conspicuous manner on the online store or online 
                marketplace's online description of the product and in 
                a manner consistent with the regulations prescribed 
                under such section 304 at the time of the product's 
                importation, or anticipated importation, into the 
                customs territory of the United States.
                    (B) Exclusions.--
                            (i) Agricultural products.--The disclosure 
                        requirements under subparagraph (A) shall not 
                        apply to--
                                    (I) a covered commodity (as defined 
                                in section 281 of the Agricultural 
                                Marketing Act of 1946 (7 U.S.C. 1638));
                                    (II) a meat or meat food product 
                                subject to inspection under the Federal 
                                Meat Inspection Act (21 U.S.C. 601 et 
                                seq.);
                                    (III) a poultry or poultry product 
                                subject to inspection under the Poultry 
                                Products Inspection Act (21 U.S.C. 451 
                                et seq.); or
                                    (IV) an egg product subject to 
                                regulation under the Egg Products 
                                Inspection Act (21 U.S.C. 1031 et 
                                seq.).
                            (ii) Food and drugs.--The disclosure 
                        requirements under subparagraph (A) shall not 
                        apply to a food or drug (as those terms are 
                        defined in paragraphs (f) and (g), 
                        respectively, of section 201 of the Federal 
                        Food, Drug, and Cosmetic Act (21 U.S.C. 321)) 
                        that is subject to the jurisdiction of the Food 
                        and Drug Administration.
                            (iii) Used or previously owned products.--
                        The disclosure requirements under subparagraph 
                        (A) shall not apply to any used or previously 
                        owned products sold in interstate commerce.
                            (iv) Small seller.--The disclosure 
                        requirements under subparagraph (A) shall not 
                        apply to goods listed by a small seller.
                    (C) Limitation of liability.--
                            (i) Online store.--An online store is not 
                        in violation of the requirements under 
                        subparagraph (A) if the online store provided 
                        its third party manufacturer, distributor, 
                        supplier, or private labeler with--
                                    (I) a notice of their obligation to 
                                provide the country of origin to the 
                                store, if applicable; and
                                    (II) the means to list directly, or 
                                provide to the online store for 
                                listing, the country of origin of the 
                                product.
                            (ii) Online marketplace.--
                                    (I) In general.--Subject to 
                                subclause (II), an online marketplace 
                                is not in violation of the requirements 
                                under subparagraph (A) if the online 
                                marketplace provided its sellers with--
                                            (aa) a notice of the 
                                        seller's obligation to provide 
                                        country of origin information 
                                        when selling a product; and
                                            (bb) the means to list the 
                                        country of origin in the 
                                        product's description.
                                    (II) Exception.--Subclause (I) 
                                shall not apply when the online 
                                marketplace is selling the product 
                                itself, rather than only facilitating a 
                                sale by a seller and relying on a 
                                seller for that product's information.
                            (iii) Seller.--A seller is not in violation 
                        of the requirements under subparagraph (A) if 
                        the online marketplace did not provide the 
                        seller with--
                                    (I) the notice described in clause 
                                (ii)(I)(aa); or
                                    (II) the means to list the county 
                                of origin in the product's description 
                                as described in clause (ii)(I)(bb).
                    (D) Fungible goods or materials.--For the purposes 
                of subparagraph (A) and in accordance with section 
                102.12(f) of title 19, Code of Federal Regulations, an 
                online store, an online marketplace, or a seller is in 
                compliance with the disclosure requirements under 
                subparagraph (A) if it lists multiple countries of 
                origin for products that are fungible goods or 
                materials. Products shall be considered to be 
                ``fungible goods or materials'' if the goods or 
                materials, as the case may be, are interchangeable for 
                commercial purposes and have properties which are 
                essentially identical.
                    (E) Safe harbor.--An online store, an online 
                marketplace, or a seller satisfies the disclosure 
                requirements under subparagraph (A) if the online 
                store, online marketplace, or seller relies on the 
                country of origin representation provided by a third 
                party manufacturer, importer, distributor, supplier, or 
                private labeler of the product.
            (2) Certain drug products.--It shall be unlawful for an 
        online store, an online marketplace, or a seller to offer for 
        sale in commerce to consumers on an internet website a drug 
        that is not subject to section 503(b)(1) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is 
        required to be marked under section 304 of the Tariff Act of 
        1930 (19 U.S.C. 1304) unless the internet website description 
        of the drug indicates in a conspicuous place the name and place 
        of business of the manufacturer, packer, or distributor that is 
        required to appear on the label of the drug in accordance with 
        section 502(b) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 352(b)).
            (3) Obligation to provide.--A manufacturer, importer, 
        distributor, supplier, or private labeler seeking to have a 
        product introduced, sold, advertised, or offered for sale in 
        commerce shall provide the marking information required by 
        section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) to the 
        relevant online store, an online marketplace, or a seller who 
        wishes to offer the product for sale on an internet website.
    (b) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) or a regulation promulgated thereunder shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person that 
                violates subsection (a) shall be subject to the 
                penalties and entitled to the privileges and immunities 
                provided in the Federal Trade Commission Act (15 U.S.C. 
                41 et seq.) as though all applicable terms and 
                provisions of that Act were incorporated and made part 
                of this section.
                    (C) Authority preserved.--Nothing in this section 
                may be construed to limit the authority of the 
                Commission under any other provision of law.
                    (D) Rulemaking.--
                            (i) In general.--The Commission shall 
                        promulgate in accordance with section 553 of 
                        title 5, United States Code, such rules as may 
                        be necessary to carry out this section.
                            (ii) Consultation.--In promulgating any 
                        regulations under clause (i), the Commission 
                        shall consult with U.S. Customs and Border 
                        Protection.
            (3) Interagency agreement.--Not later than 6 months after 
        the date of enactment of this section, the Commission, the 
        Commissioner for U.S. Customs and Border Protection, the 
        Commissioner of Food and Drugs, the United States Trade 
        Representative, and the Secretary of Agriculture shall--
                    (A) enter into a Memorandum of Understanding or 
                other appropriate agreement for the purpose of 
                providing consistent implementation of this section; 
                and
                    (B) publish such Memorandum of Understanding or 
                other agreement in order to provide public guidance.
    (c) Authority Preserved.--Nothing in this section may be construed 
to--
            (1) limit the authority of the Department of Agriculture, 
        the Food and Drug Administration, or U.S. Customs and Border 
        Protection under any other provision of law; or
            (2) require the Commission to interpret, modify, or enforce 
        regulations promulgated by such agencies unless as provided by 
        the Memorandum of Understanding or other agreement entered into 
        under subsection (b)(3)(A).
    (d) Effective Date.--This section shall take effect 1 year after 
the date of the publication of the Memorandum of Understanding or other 
agreement under subsection (b)(3)(B).
    (e) Rule of Construction.--Nothing in this Act shall be construed 
to require an online store, an online marketplace, or a seller to 
include a description of a product introduced, sold, or offered for 
sale in interstate commerce other than a notice of the country of 
origin as required by subsection (a).
    (f) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Online marketplace.--The term ``online marketplace'' 
        has the meaning given such term in section 301(f) of the 
        Consolidated Appropriations Act, 2023 (15 U.S.C. 45f(f)).
            (3) Online store.--The term ``online store'' means a person 
        or entity that operates a consumer-directed, electronically 
        based or accessed website that sells products to consumers over 
        the internet for itself or on behalf of third party sellers.
            (4) Product.--The term ``product'' has the meaning given 
        the term ``article of foreign origin'' in section 304 of the 
        Tariff Act of 1930 (19 U.S.C. 1304).
            (5) Seller.--The term ``seller'' has the meaning given such 
        term in section 301(f) of the Consolidated Appropriations Act, 
        2023 (15 U.S.C. 45f(f)).
            (6) Small seller.--
                    (A) In general.--The term ``small seller'' means a 
                seller on an online marketplace that, in any 
                consecutive 12-month period during the previous 24 
                months, has--
                            (i) annual sales of less than an aggregate 
                        total of $20,000 in gross revenues; and
                            (ii) fewer than 200 discrete sales or 
                        transactions (excluding sales of used or 
                        previously owned products).
                    (B) Clarification.--For the purposes of calculating 
                the number of discrete sales or transactions or the 
                aggregate gross revenues under subparagraph (A), a 
                seller shall only be required to count sales or 
                transactions made through the online marketplace and 
                for which payment was processed by the online 
                marketplace, either directly of through its payment 
                processor.
            (7) Used or previously owned product.--The term ``used or 
        previously owned product'' means a product that was previously 
        sold or offered for sale in interstate commerce.

SEC. 3. COUNTRY OF ORIGIN LABELING FOR COOKED KING CRAB AND TANNER CRAB 
              AND COOKED AND CANNED SALMON.

    Section 281(7)(B) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1638(7)(B)) is amended--
            (1) by striking the period at the end and inserting a 
        semicolon;
            (2) by striking ``includes a fillet'' and inserting the 
        following: ``includes--
                            ``(i) a fillet''; and
            (3) by adding at the end the following:
                            ``(ii) whole cooked king crab and tanner 
                        crab and cooked king crab and tanner crab 
                        sections; and
                            ``(iii) cooked and canned salmon.''.
                                                       Calendar No. 289

118th CONGRESS

  1st Session

                                S. 1421

_______________________________________________________________________

                                 A BILL

 To require origin and location disclosure for new products of foreign 
                origin offered for sale on the internet.

_______________________________________________________________________

                           December 13, 2023

                       Reported with an amendment