[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4712-S4713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2378. Ms. BALDWIN (for herself, Mr. Braun, Mr. Brown, and Mr.
Scott of Florida) submitted an amendment intended to be proposed by her
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. __. 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
[[Page S4713]]
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. __. 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.''.
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