COOL Online Act

To require origin and location disclosure for new products of foreign origin offered for sale on the internet. 1. Short title This Act may be cited as the Country Of Origin Labeling Online Act COOL Online Act 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 (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. (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 (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 (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 (C) Multi-sourced products For purposes of subparagraph (A)(i), a product shall be considered to be a multi-sourced product (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) 19 U.S.C. 1304 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. (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. (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 (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). 1. Short title This Act may be cited as the Country Of Origin Labeling Online Act COOL Online Act 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 (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. (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 (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 (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) 19 U.S.C. 1304 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 (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. (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. (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 (2) Online marketplace The term online marketplace 15 U.S.C. 45f(f) (3) Online store The term online store (4) Product The term product article of foreign origin 19 U.S.C. 1304 (5) Seller The term seller 15 U.S.C. 45f(f) (6) Small seller (A) In general The term small seller (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 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) (1) by striking the period at the end and inserting a semicolon; (2) by striking includes a fillet (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. . December 13, 2023 Reported with an amendment

Summary: Country of Origin Labeling Requirement Act or the COOL Online Act This bill requires sellers of imported products online to conspicuously disclose the country of origin of the products and the country where the seller's principal place of business is located. This requirement does not apply to specified products, such as agricultural commodities, food or drugs, or previously owned items. The Federal Trade Commission must enforce violations of this requirement as unfair or deceptive trade practices.