[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 294 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 294
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
January 29, 2025
Ms. Baldwin (for herself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
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,
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 AND LOCATION DISCLOSURE FOR NEW PRODUCTS OF
FOREIGN ORIGIN OFFERED FOR SALE ON THE INTERNET.
(a) Mandatory Disclosure.--
(1) In general.--
(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--
(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
(ii) the country in which the seller of the
product has its principal place of business.
(B) Exclusions.--
(i) Agricultural products.--The disclosure
requirements under clauses (i) and (ii) of
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 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.
(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.
(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.
(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.
(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)).
(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.
(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.
(b) Enforcement by the Commission.--
(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)).
(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.
(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--
(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 agreement to provide public
guidance.
(4) Definition of commission.--In this subsection, the term
``Commission'' means the Federal Trade Commission.
(c) Limitation of Liability.--A retailer or seller is not in
violation of subsection (a) if--
(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
(2) the retailer or seller--
(A) relied in good faith on that representation;
and
(B) took immediate action to remove any such false
or deceptive representations upon notice.
(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.
(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).
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