119-s294

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 294 Introduced in Senate

    (IS) ]

<DOC>

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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