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 fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, 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 jurisdic-
tion 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 Representa-
tives 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 PROD-
UCTS OF FOREIGN ORIGIN OFFERED FOR 
SALE ON THE INTERNET. 
(a) MANDATORY DISCLOSURE.— 
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(1) IN GENERAL.— 
(A) DISCLOSURE.—Subject to the suc-
ceeding provisions of this paragraph, it shall be 
unlawful for an online store, an online market-
place, 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 on-
line 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 an-
ticipated importation, into the customs territory 
of the United States. 
(B) EXCLUSIONS.— 
(i) AGRICULTURAL
PRODUCTS.—The 
disclosure requirements under subpara-
graph (A) shall not apply to— 
(I) a covered commodity (as de-
fined in section 281 of the Agricul-
tural Marketing Act of 1946 (7 
U.S.C. 1638)); 
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(II) a meat or meat food product 
subject to inspection under the Fed-
eral Meat Inspection Act (21 U.S.C. 
601 et seq.); 
(III) a poultry or poultry product 
subject to inspection under the Poul-
try 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 disclo-
sure 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 Fed-
eral Food, Drug, and Cosmetic Act (21 
U.S.C. 321)) that is subject to the jurisdic-
tion 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. 
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(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, dis-
tributor, 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 
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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 mar-
ketplace 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 viola-
tion of the requirements under subpara-
graph (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 compli-
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ance 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 interchange-
able for commercial purposes and have prop-
erties which are essentially identical. 
(E) SAFE HARBOR.—An online store, an 
online marketplace, or a seller satisfies the dis-
closure 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, im-
porter, distributor, supplier, or private labeler 
of the product. 
(2) CERTAIN DRUG PRODUCTS.—It shall be un-
lawful 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 re-
quired 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 con-
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spicuous 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 manufac-
turer, importer, distributor, supplier, or private la-
beler seeking to have a product introduced, sold, ad-
vertised, or offered for sale in commerce shall pro-
vide 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
PRAC-
TICES.—A violation of subsection (a) or a regulation 
promulgated thereunder shall be treated as a viola-
tion 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, 
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powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person that violates subsection (a) shall be sub-
ject to the penalties and entitled to the privi-
leges 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 au-
thority of the Commission under any other pro-
vision of law. 
(D) RULEMAKING.— 
(i) IN
GENERAL.—The Commission 
shall promulgate in accordance with sec-
tion 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 Com-
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mission 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 Rep-
resentative, and the Secretary of Agriculture shall— 
(A) enter into a Memorandum of Under-
standing or other appropriate agreement for the 
purpose of providing consistent implementation 
of this section; and 
(B) publish such Memorandum of Under-
standing or other agreement in order to provide 
public guidance. 
(c) AUTHORITY PRESERVED.—Nothing in this sec-
tion 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, mod-
ify, or enforce regulations promulgated by such 
agencies unless as provided by the Memorandum of 
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