I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COOL Online Act’’. 

5 SEC. 2. MANDATORY ORIGIN DISCLOSURE FOR NEW PROD6 UCTS OF FOREIGN ORIGIN OFFERED FOR 

7 SALE ON THE INTERNET. 

8 (a) MANDATORY DISCLOSURE.— 


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1 (1) IN GENERAL.— 

2 (A) DISCLOSURE.—Subject to the suc3 ceeding provisions of this paragraph, it shall be 

4 unlawful for an online store, an online market5 place, or a seller to introduce, sell, or offer for 

6 sale on an internet website a product that is 

7 marked or required to be marked under section 

8 304 of the Tariff Act of 1930 (19 U.S.C. 1304) 

9 unless the country of origin is disclosed in a 

10 conspicuous manner on the online store or on11 line marketplace’s online description of the 

12 product and in a manner consistent with the 

13 regulations prescribed under such section 304 

14 at the time of the product’s importation, or an15 ticipated importation, into the customs territory 

16 of the United States. 

17 (B) EXCLUSIONS.— 

18 (i) AGRICULTURAL PRODUCTS.—The 

19 disclosure requirements under subpara20 graph (A) shall not apply to— 

21 (I) a covered commodity (as de22 fined in section 281 of the Agricul23 tural Marketing Act of 1946 (7 

24 U.S.C. 1638)); 


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1 (II) a meat or meat food product 

2 subject to inspection under the Fed3 eral Meat Inspection Act (21 U.S.C. 

4 601 et seq.); 

5 (III) a poultry or poultry product 

6 subject to inspection under the Poul7 try Products Inspection Act (21 

8 U.S.C. 451 et seq.); or 

9 (IV) an egg product subject to 

10 regulation under the Egg Products 

11 Inspection Act (21 U.S.C. 1031 et 

12 seq.). 

13 (ii) FOOD AND DRUGS.—The disclo14 sure requirements under subparagraph (A) 

15 shall not apply to a food or drug (as those 

16 terms are defined in paragraphs (f) and 

17 (g), respectively, of section 201 of the Fed18 eral Food, Drug, and Cosmetic Act (21 

19 U.S.C. 321)) that is subject to the jurisdic20 tion of the Food and Drug Administration. 

21 (iii) USED OR PREVIOUSLY OWNED

22 PRODUCTS.—The disclosure requirements 

23 under subparagraph (A) shall not apply to 

24 any used or previously owned products sold 

25 in interstate commerce. 


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1 (iv) SMALL SELLER.—The disclosure 

2 requirements under subparagraph (A) shall 

3 not apply to goods listed by a small seller. 

4 (C) LIMITATION OF LIABILITY.— 

5 (i) ONLINE STORE.—An online store 

6 is not in violation of the requirements 

7 under subparagraph (A) if the online store 

8 provided its third-party manufacturer, dis9 tributor, supplier, or private labeler with— 

10 (I) a notice of their obligation to 

11 provide the country of origin to the 

12 store, if applicable; and 

13 (II) the means to list directly, or 

14 provide to the online store for listing, 

15 the country of origin of the product. 

16 (ii) ONLINE MARKETPLACE.— 

17 (I) IN GENERAL.—Subject to 

18 subclause (II), an online marketplace 

19 is not in violation of the requirements 

20 under subparagraph (A) if the online 

21 marketplace provided its sellers 

22 with— 

23 (aa) a notice of the seller’s 

24 obligation to provide country of 


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1 origin information when selling a 

2 product; and 

3 (bb) the means to list the 

4 country of origin in the product’s 

5 description. 

6 (II) EXCEPTION.—Subclause (I) 

7 shall not apply when the online mar8 ketplace is selling the product itself, 

9 rather than only facilitating a sale by 

10 a seller and relying on a seller for 

11 that product’s information. 

12 (iii) SELLER.—A seller is not in viola13 tion of the requirements under subpara14 graph (A) if the online marketplace did not 

15 provide the seller with— 

16 (I) the notice described in clause 

17 (ii)(I)(aa); or 

18 (II) the means to list the county 

19 of origin in the product’s description 

20 as described in clause (ii)(I)(bb). 

21 (D) FUNGIBLE GOODS OR MATERIALS.— 

22 For the purposes of subparagraph (A) and in 

23 accordance with section 102.12(f) of title 19, 

24 Code of Federal Regulations, an online store, 

25 an online marketplace, or a seller is in compliVerDate Sep 11 2014 03:50 Nov 16, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299

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1 ance with the disclosure requirements under 

2 subparagraph (A) if it lists multiple countries 

3 of origin for products that are fungible goods or 

4 materials. Products shall be considered to be 

5 ‘‘fungible goods or materials’’ if the goods or 

6 materials, as the case may be, are interchange7 able for commercial purposes and have prop8 erties which are essentially identical. 

9 (E) SAFE HARBOR.—An online store, an 

10 online marketplace, or a seller satisfies the dis11 closure requirements under subparagraph (A) if 

12 the online store, online marketplace, or seller 

13 relies on the country of origin representation 

14 provided by a third-party manufacturer, im15 porter, distributor, supplier, or private labeler 

16 of the product. 

17 (2) CERTAIN DRUG PRODUCTS.—It shall be un18 lawful for an online store, an online marketplace, or 

19 a seller to offer for sale in commerce to consumers 

20 on an internet website a drug that is not subject to 

21 section 503(b)(1) of the Federal Food, Drug, and 

22 Cosmetic Act (21 U.S.C. 353(b)(1)) and that is re23 quired to be marked under section 304 of the Tariff 

24 Act of 1930 (19 U.S.C. 1304) unless the internet 

25 website description of the drug indicates in a conVerDate Sep 11 2014 03:50 Nov 16, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299

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1 spicuous place the name and place of business of the 

2 manufacturer, packer, or distributor that is required 

3 to appear on the label of the drug in accordance 

4 with section 502(b) of the Federal Food, Drug, and 

5 Cosmetic Act (21 U.S.C. 352(b)). 

6 (3) OBLIGATION TO PROVIDE.—A manufac7 turer, importer, distributor, supplier, or private la8 beler seeking to have a product introduced, sold, ad9 vertised, or offered for sale in commerce shall pro10 vide the marking information required by section 

11 304 of the Tariff Act of 1930 (19 U.S.C. 1304) to 

12 the relevant online store, an online marketplace, or 

13 a seller who wishes to offer the product for sale on 

14 an internet website. 

15 (b) ENFORCEMENT BY THE COMMISSION.— 

16 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC17 TICES.—A violation of subsection (a) or a regulation 

18 promulgated thereunder shall be treated as a viola19 tion of a rule defining an unfair or deceptive act or 

20 practice under section 18(a)(1)(B) of the Federal 

21 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

22 (2) POWERS OF THE COMMISSION.— 

23 (A) IN GENERAL.—The Commission shall 

24 enforce this section in the same manner, by the 

25 same means, and with the same jurisdiction, 


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1 powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade 

3 Commission Act (15 U.S.C. 41 et seq.) were in4 corporated into and made a part of this section. 

5 (B) PRIVILEGES AND IMMUNITIES.—Any 

6 person that violates subsection (a) shall be sub7 ject to the penalties and entitled to the privi8 leges and immunities provided in the Federal 

9 Trade Commission Act (15 U.S.C. 41 et seq.) 

10 as though all applicable terms and provisions of 

11 that Act were incorporated and made part of 

12 this section. 

13 (C) AUTHORITY PRESERVED.—Nothing in 

14 this section may be construed to limit the au15 thority of the Commission under any other pro16 vision of law. 

17 (D) RULEMAKING.— 

18 (i) IN GENERAL.—The Commission 

19 shall promulgate in accordance with sec20 tion 553 of title 5, United States Code, 

21 such rules as may be necessary to carry 

22 out this section. 

23 (ii) CONSULTATION.—In promulgating 

24 any regulations under clause (i), the ComVerDate Sep 11 2014 03:50 Nov 16, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6299.IH H6299

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1 mission shall consult with U.S. Customs 

2 and Border Protection. 

3 (3) INTERAGENCY AGREEMENT.—Not later 

4 than 6 months after the date of enactment of this 

5 section, the Commission, the Commissioner for U.S. 

6 Customs and Border Protection, the Commissioner 

7 of Food and Drugs, the United States Trade Rep8 resentative, and the Secretary of Agriculture shall— 

9 (A) enter into a Memorandum of Under10 standing or other appropriate agreement for the 

11 purpose of providing consistent implementation 

12 of this section; and 

13 (B) publish such Memorandum of Under14 standing or other agreement in order to provide 

15 public guidance. 

16 (c) AUTHORITY PRESERVED.—Nothing in this sec17 tion may be construed to— 

18 (1) limit the authority of the Department of 

19 Agriculture, the Food and Drug Administration, or 

20 U.S. Customs and Border Protection under any 

21 other provision of law; or 

22 (2) require the Commission to interpret, mod23 ify, or enforce regulations promulgated by such 

24 agencies unless as provided by the Memorandum of 


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1 Understanding or other agreement entered into 

2 under subsection (b)(3)(A). 

3 (d) EFFECTIVE DATE.—This section shall take effect 

4 1 year after the date of the publication of the Memo5 randum of Understanding or other agreement under sub6 section (b)(3)(B). 

7 (e) RULE OF CONSTRUCTION.—Nothing in this Act 

8 shall be construed to require an online store, an online 

9 marketplace, or a seller to include a description of a prod10 uct introduced, sold, or offered for sale in interstate com11 merce other than a notice of the country of origin as re12 quired by subsection (a). 

13 (f) DEFINITIONS.—In this section: 

14 (1) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Trade Commission. 

16 (2) ONLINE MARKETPLACE.—The term ‘‘online 

17 marketplace’’ has the meaning given such term in 

18 section 301(f) of the Consolidated Appropriations 

19 Act, 2023 (15 U.S.C. 45f(f)). 

20 (3) ONLINE STORE.—The term ‘‘online store’’ 

21 means a person or entity that operates a consumer22 directed, electronically based or accessed website 

23 that sells products to consumers over the internet 

24 for itself or on behalf of third-party sellers. 


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1 (4) PRODUCT.—The term ‘‘product’’ has the 

2 meaning given the term ‘‘article of foreign origin’’ in 

3 section 304 of the Tariff Act of 1930 (19 U.S.C. 

4 1304). 

5 (5) SELLER.—The term ‘‘seller’’ has the mean6 ing given such term in section 301(f) of the Consoli7 dated Appropriations Act, 2023 (15 U.S.C. 45f(f)). 

8 (6) SMALL SELLER.— 

9 (A) IN GENERAL.—The term ‘‘small seller’’ 

10 means a seller on an online marketplace that, 

11 in any consecutive 12-month period during the 

12 previous 24 months, has— 

13 (i) annual sales of less than an aggre14 gate total of $20,000 in gross revenues; 

15 and 

16 (ii) fewer than 200 discrete sales or 

17 transactions (excluding sales of used or 

18 previously owned products). 

19 (B) CLARIFICATION.—For the purposes of 

20 calculating the number of discrete sales or 

21 transactions or the aggregate gross revenues 

22 under subparagraph (A), a seller shall only be 

23 required to count sales or transactions made 

24 through the online marketplace and for which 

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1 place, either directly of through its payment 

2 processor. 

3 (7) USED OR PREVIOUSLY OWNED PRODUCT.— 

4 The term ‘‘used or previously owned product’’ means 

5 a product that was previously sold or offered for sale 

6 in interstate commerce. 

7 SEC. 3. COUNTRY OF ORIGIN LABELING FOR COOKED 

8 KINGCRAB AND TANNER CRAB AND COOKED 

9 AND CANNED SALMON. 

10 Section 281(7)(B) of the Agricultural Marketing Act 

11 of 1946 (7 U.S.C. 1638(7)(B)) is amended— 

12 (1) by striking the period at the end and insert13 ing a semicolon; 

14 (2) by striking ‘‘includes a fillet’’ and inserting 

15 the following: ‘‘includes— 

16 ‘‘(i) a fillet’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(ii) whole cooked king crab and tan19 ner crab and cooked king crab and tanner 

20 crab sections; and 

21 ‘‘(iii) cooked and canned salmon.’’. 

Æ 


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