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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6299 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6299

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2023

  Mr. Gimenez (for himself and Mr. Kim of New Jersey) introduced the 
   following bill; which was referred to the Committee on Energy and 
 Commerce, and in addition to the Committees on Agriculture, and Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 ``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 KINGCRAB 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.''.
                                 <all>
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