,,ii ,calendar ,no4 #bhi #aahth ,,congress #ast ,session ,s4 #adba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #c1 #bjbc,ms4 ,baldwin 7for herself1 ,mr4 ,vance1 ,mr4 ,scott of ,florida1 ,mr4 ,hawley1 ,mr4 ,braun1 and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ac1 #bjbc,reported by ,ms4 ,cantwell1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to require origin and location disclosure for new products of foreign origin offered for sale on the internet4 #a4 ,short title ,this ,act may be cited as the ,country ,of ,origin ,labeling ,online ,act or the ,,cool ,online ,act4 #b4 ,mandatory origin and location disclosure for new products of ,foreign origin offered for sale on the internet 7a7 ,mandatory disclosure 7#a7 ,in general 7,a7 ,disclosure ,subject to subparagraph 7,b71 it shall be unlawful for a product that is marked or required to be marked under section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 to be introduced1 sold1 advertised1 or offered for sale in commerce on an internet website unless the internet website description of the product indicates in a conspicuous place-- 7i7 the country of origin of the product 7or1 in the case of a multi-sourced product1 the countries of origin71 in a manner consistent with the regulations prescribed under such section #cjd2 and 7ii7 the country in which the seller of the product has its principal place of business4 7,b7 ,exclusions 7i7 ,agricultural products ,the disclosure requirements under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not apply to-- 7,i7 a covered commodity 7as defined in section #bha of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch772 7,,ii7 a meat or meat food product subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq472 7,,iii7 a poultry or poultry product subject to inspection under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq472 or 7,,iv7 an egg product subject to regulation under the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajca et seq474 7ii7 ,food and drugs ,the disclosure requirements under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not apply to a food or drug 7as those terms are defined in paragraphs 7f7 and 7g71 respectively1 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7 that is subject to the jurisdiction of the ,food and ,drug ,administration4 7iii7 ,used or previously owned articles ,the disclosure requirements under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not apply to any used or previously owned article sold by an internet website marketplace or a seller on an internet website marketplace4 ,for the purposes of the preceding sentence1 the term used or previously owned article means an article that was previously sold or offered for sale at retail4 7iv7 ,small seller ,the disclosure requirements under clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not apply to goods listed by a small seller4 ,for the purposes of the preceding sentence1 the term small seller means a seller with annual sales of less than #bj1jjj and fewer than #bjj discrete sales4 7,c7 ,multi-sourced products ,for purposes of subparagraph 7,a77i71 a product shall be considered to be a multi-sourced product if a seller offers for sale a finished product1 identical versions of which are produced in multiple countries4 7#b7 ,certain drug products ,it shall be unlawful for a drug that is not subject to section #ejc7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cec7;b77#a77 and that is required to be marked under section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 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 manufacturer1 packer1 or distributor that is required to appear on the label of the drug in accordance with section #ejb7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ceb7;b774 7#c7 ,obligation to provide ,a manufacturer1 importer1 distributor1 seller1 supplier1 or private labeler seeking to have a product introduced1 sold1 advertised1 or offered for sale in commerce shall provide the information identified clauses 7i7 and 7ii7 of paragraph 7#a77;,a7 or paragraph 7#b71 as applicable1 to the relevant retailer4 7#d7 ,safe harbor ,a retailer or a seller on an internet website marketplace satisfies the disclosure requirements under clauses 7i7 and 7ii7 of paragraph 7#a77;,a7 or paragraph 7#b71 as applicable1 if the disclosure includes the country of origin and seller information provided by a third-party manufacturer1 importer1 distributor1 seller1 supplier1 or private labeler of the product4 7b7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 shall be treated as a violation of a rule prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person that violates subsection 7a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 as though all applicable terms and provisions of that ,act were incorporated and made part of this section4 7,c7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,commission under any other provision of law4 7#c7 ,interagency agreement ,not later than #f months after the date of enactment of this section1 the ,commission1 the ,u4,s4 ,customs and ,border ,protection1 and the ,department of ,agriculture shall-- 7,a7 enter into a ,memorandum of ,understanding or other appropriate agreement for the purpose of providing consistent implementation of this section2 and 7,b7 publish such agreement to provide public guidance4 7#d7 ,definition of ,commission ,in this subsection1 the term ,commission means the ,federal ,trade ,commission4 7c7 ,limitation of liability ,a retailer or seller is not in violation of subsection 7a7 if-- 7#a7 a third-party manufacturer1 distributor1 seller1 supplier1 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 processing2 and 7#b7 the retailer or seller-- 7,a7 relied in good faith on that representation2 and 7,b7 took immediate action to remove any such false or deceptive representations upon notice4 7d7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,department of ,agriculture1 the ,food and ,drug ,administration1 or ,u4,s4 ,customs and ,border ,protection under any other provision of law4 7e7 ,effective date ,this section shall take effect #ab months after the date of the publication of the ,memorandum of ,understanding or agreement under subsection 7b77#c74 #a4 ,short title ,this ,act may be cited as the ,country ,of ,origin ,labeling ,online ,act or the ,,cool ,online ,act4 #b4 ,mandatory origin disclosure for new products of ,foreign origin offered for sale on the internet 7a7 ,mandatory disclosure 7#a7 ,in general 7,a7 ,disclosure ,subject to the succeeding provisions of this paragraph1 it shall be unlawful for an online store1 an online marketplace1 or a seller to introduce1 sell1 or offer for sale on an internet website a product that is marked or required to be marked under section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 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 #cjd at the time of the product's importation1 or anticipated importation1 into the customs territory of the ,united ,states4 7,b7 ,exclusions 7i7 ,agricultural products ,the disclosure requirements under subparagraph 7,a7 shall not apply to-- 7,i7 a covered commodity 7as defined in section #bha of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch772 7,,ii7 a meat or meat food product subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq472 7,,iii7 a poultry or poultry product subject to inspection under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq472 or 7,,iv7 an egg product subject to regulation under the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajca et seq474 7ii7 ,food and drugs ,the disclosure requirements under subparagraph 7,a7 shall not apply to a food or drug 7as those terms are defined in paragraphs 7f7 and 7g71 respectively1 of section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba77 that is subject to the jurisdiction of the ,food and ,drug ,administration4 7iii7 ,used or previously owned products ,the disclosure requirements under subparagraph 7,a7 shall not apply to any used or previously owned products sold in interstate commerce4 7iv7 ,small seller ,the disclosure requirements under subparagraph 7,a7 shall not apply to goods listed by a small seller4 7,c7 ,limitation of liability 7i7 ,online store ,an online store is not in violation of the requirements under subparagraph 7,a7 if the online store provided its third party manufacturer1 distributor1 supplier1 or private labeler with-- 7,i7 a notice of their obligation to provide the country of origin to the store1 if applicable2 and 7,,ii7 the means to list directly1 or provide to the online store for listing1 the country of origin of the product4 7ii7 ,online marketplace 7,i7 ,in general ,subject to subclause 7,,ii71 an online marketplace is not in violation of the requirements under subparagraph 7,a7 if the online marketplace provided its sellers with-- 7aa7 a notice of the seller's obligation to provide country of origin information when selling a product2 and 7bb7 the means to list the country of origin in the product's description4 7,,ii7 ,exception ,subclause 7,i7 shall not apply when the online marketplace is selling the product itself1 rather than only facilitating a sale by a seller and relying on a seller for that product's information4 7iii7 ,seller ,a seller is not in violation of the requirements under subparagraph 7,a7 if the online marketplace did not provide the seller with-- 7,i7 the notice described in clause 7ii77,i77aa72 or 7,,ii7 the means to list the county of origin in the product's description as described in clause 7ii77,i77bb74 7,d7 ,fungible goods or materials ,for the purposes of subparagraph 7,a7 and in accordance with section #ajb4ab7;f7 of title #ai1 ,code of ,federal ,regulations1 an online store1 an online marketplace1 or a seller is in compliance with the disclosure requirements under subparagraph 7,a7 if it lists multiple countries of origin for products that are fungible goods or materials4 ,products shall be considered to be fungible goods or materials if the goods or materials1 as the case may be1 are interchangeable for commercial purposes and have properties which are essentially identical4 7,e7 ,safe harbor ,an online store1 an online marketplace1 or a seller satisfies the disclosure requirements under subparagraph 7,a7 if the online store1 online marketplace1 or seller relies on the country of origin representation provided by a third party manufacturer1 importer1 distributor1 supplier1 or private labeler of the product4 7#b7 ,certain drug products ,it shall be unlawful for an online store1 an online marketplace1 or a seller to offer for sale in commerce to consumers on an internet website a drug that is not subject to section #ejc7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cec7;b77#a77 and that is required to be marked under section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 unless the internet website description of the drug indicates in a conspicuous place the name and place of business of the manufacturer1 packer1 or distributor that is required to appear on the label of the drug in accordance with section #ejb7;b7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ceb7;b774 7#c7 ,obligation to provide ,a manufacturer1 importer1 distributor1 supplier1 or private labeler seeking to have a product introduced1 sold1 advertised1 or offered for sale in commerce shall provide the marking information required by section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 to the relevant online store1 an online marketplace1 or a seller who wishes to offer the product for sale on an internet website4 7b7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person that violates subsection 7a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 as though all applicable terms and provisions of that ,act were incorporated and made part of this section4 7,c7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,commission under any other provision of law4 7,d7 ,rulemaking 7i7 ,in general ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 7ii7 ,consultation ,in promulgating any regulations under clause 7i71 the ,commission shall consult with ,u4,s4 ,customs and ,border ,protection4 7#c7 ,interagency agreement ,not later than #f months after the date of enactment of this section1 the ,commission1 the ,commissioner for ,u4,s4 ,customs and ,border ,protection1 the ,commissioner of ,food and ,drugs1 the ,united ,states ,trade ,representative1 and the ,secretary of ,agriculture shall-- 7,a7 enter into a ,memorandum of ,understanding or other appropriate agreement for the purpose of providing consistent implementation of this section2 and 7,b7 publish such ,memorandum of ,understanding or other agreement in order to provide public guidance4 7c7 ,authority preserved ,nothing in this section may be construed to-- 7#a7 limit the authority of the ,department of ,agriculture1 the ,food and ,drug ,administration1 or ,u4,s4 ,customs and ,border ,protection under any other provision of law2 or 7#b7 require the ,commission to interpret1 modify1 or enforce regulations promulgated by such agencies unless as provided by the ,memorandum of ,understanding or other agreement entered into under subsection 7b77#c77;,a74 7d7 ,effective date ,this section shall take effect #a year after the date of the publication of the ,memorandum of ,understanding or other agreement under subsection 7b77#c77;,b74 7e7 ,rule of construction ,nothing in this ,act shall be construed to require an online store1 an online marketplace1 or a seller to include a description of a product introduced1 sold1 or offered for sale in interstate commerce other than a notice of the country of origin as required by subsection 7a74 7f7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,online marketplace ,the term online marketplace has the meaning given such term in section #cja7;f7 of the ,consolidated ,appropriations ,act1 #bjbc 7#ae ,u4,s4,c4 #de;f7f774 7#c7 ,online store ,the term online store means a person or entity that operates a consumer-directed1 electronically based or accessed website that sells products to consumers over the internet for itself or on behalf of third party sellers4 7#d7 ,product ,the term product has the meaning given the term article of foreign origin in section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd74 7#e7 ,seller ,the term seller has the meaning given such term in section #cja7;f7 of the ,consolidated ,appropriations ,act1 #bjbc 7#ae ,u4,s4,c4 #de;f7f774 7#f7 ,small seller 7,a7 ,in general ,the term small seller means a seller on an online marketplace that1 in any consecutive #ab-month period during the previous #bd months1 has-- 7i7 annual sales of less than an aggregate total of #bj1jjj in gross revenues2 and 7ii7 fewer than #bjj discrete sales or transactions 7excluding sales of used or previously owned products74 7,b7 ,clarification ,for the purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph 7,a71 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 marketplace1 either directly of through its payment processor4 7#g7 ,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 commerce4 #c4 ,country of origin labeling for cooked king crab and tanner crab and cooked and canned salmon ,section #bha7g77;,b7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch7g77;,b77 is amended-- 7#a7 by striking the period at the end and inserting a semicolon2 7#b7 by striking includes a fillet and inserting the following3 #8#8includes-- 7i7 a fillet 2 and 7#c7 by adding at the end the following3 7ii7 whole cooked king crab and tanner crab and cooked king crab and tanner crab sections2 and 7iii7 cooked and canned salmon4 4 ,december #ac1 #bjbc,reported with an amendment