Section 1 Short title
This Act may be cited as the “Online Retailer Product Origin Disclosure Act”.
Online Retailer Product Origin Disclosure Act
A BILL
To require online retailers to prominently disclose product country-of-origin information, and for other purposes.
Sec. 2 Country of origin notice requirements for online retailers and sellers
In general—
In general— Beginning on the date that is 180 days after the date of enactment of this Act—
it shall be unlawful for any person to operate an online retail platform that does not comply with the requirements of paragraph (2); and
it shall be unlawful for any person who offers a product for sale through an online retail platform to knowingly provide false information to the platform with respect to the country of origin of such product.
Country-of-origin disclosure requirements— The requirements of this paragraph, with respect to an online retail platform, are the following:
The online retail platform shall require any person that intends to sell a product through the platform to provide the platform with information on the country of origin of such product.
With respect to any article of foreign origin imported into the United States that is subject to the country of origin and is offered for sale on the online retail platform, the platform discloses, in a conspicuous manner and in the same language that is used on the rest of the platform, the name of the country of origin.
Enforcement—
Unfair and deceptive acts or practices— A violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
Powers of commission—
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.
Privileges and immunities— Any person that violates this section shall be subject to the penalties (including the provisions of subsections (l) and (m) of section 5 of such Act), and entitled to the privileges and immunities, provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
Consultation with U.S. Customs and Border Protection— In carrying out this section and promulgating rules under this section, the Commission shall consult with the Commissioner of U.S. Customs and Border Protection.
Definitions— In this section:
Commission— The term Commission means the Federal Trade Commission.
Country of origin— The term country of origin means the following:
In the case of a product wholly manufactured in one country, the English name of that country.
In the case of a product that was made by assembling multiple products or product components manufactured in other countries, the English name of the country that performed the final assembly of the product components before shipping as a marketed product.
In the case of a product containing technological components that are designed in any way to receive, process, or transmit data, or be connected to the internet, and during any part of the production process that product or product component was made or assembled in the People’s Republic of China or the Russian Federation, or at any facility that is majority-owned by a citizen or agent of such country, the English name of each such country, and any country described in subparagraph (A) or (B), as applicable.
Online retail platform— The term online retail platform means any internet website or other online platform through which products are sold.