EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1230*
HOUSE BILL 1230
J1 4lr2550
By: Delegates Pena–Melnyk and A. Jones
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Tianeptine Consumer Protection Act 2
FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale 3
a food that is represented to be a tianeptine product to disclose the factual basis on 4
which the representation is made; prohibiting a retailer from preparing, distributing, 5
selling, or exposing for sale tianeptine products that do not include certain 6
information; prohibiting a retailer from distributing, selling, or exposing for sale a 7
tianeptine product to an individual under a certain age; prohibiting a retailer from 8
directly or indirectly advertising tianeptine products to minors; and generally 9
relating to tianeptine and tianeptine retailers. 10
BY adding to 11
Article – Health – General 12
Section 21–2D–01 through 21–2D–04 to be under the new subtitle “Subtitle 2D. 13
Tianeptine Consumer Protection Act” 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT. 20
21–2D–01. 21
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
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(B) (1) “RETAILER” MEANS A PERSON THAT : 1
(I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ; 2
OR 3
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 4
SELLING, PREPARING, OR MAINTAINING TIANE PTINE PRODUCTS . 5
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 6
RESTAURANT, HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 7
SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 8
DRINK COMPANY . 9
(C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIETARY 10
INGREDIENT CONTAININ G ANY AMOUNT OF TIANEPTINE SODIU M OR TIANEPTINE 11
SULFATE. 12
21–2D–02. 13
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 14
FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT SHALL 15
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE 16
REPRESENTATION IS MA DE. 17
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 18
FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOES NOT 19
CONFORM TO THE DISCL OSURE REQUIREMENT ESTABLISHED UNDER PARAGRAPH 20
(1) OF THIS SUBSECTION . 21
(B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR 22
SALE A TIANEPTINE PRODUCT THAT DOES NO T INCLUDE ON ITS PAC KAGE OR LABEL 23
THE AMOUNT OF TIANEPTINE SODIUM AN D TIANEPTINE SULFATE CONTAINED IN 24
THE PRODUCT . 25
(C) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE A 26
TIANEPTINE PRODUCT TO AN INDIVI DUAL UNDER THE AGE O F 21 YEARS. 27
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 28
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 29
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED 30
TO BE A TIANEPTINE PRODUCT. 31
HOUSE BILL 1230 3
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS 1
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 2
(1) $500 FOR A FIRST VIOLATIO N; OR 3
(2) $1,000 FOR EACH SUBSEQUENT VIOLATION. 4
(F) A RETAILER THA T VIOLATES SUBSECTIO N (A)(2), (B), OR (C) OF THIS 5
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE 6
NOT EXCEEDING $500, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 7
(G) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SECTION, A 8
RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CIVIL DAMAG ES SUSTAINED 9
BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION. 10
21–2D–03. 11
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 12
MARKET TIANEPTINE PRODUCTS TO MINORS . 13
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 14
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 15
PACKAGING, OR LABELING OF A TIANEPTINE PRODUCT: 16
(1) A CARTOON; 17
(2) A SUPERHERO ; 18
(3) A VIDEO GAME REFERENCE ; 19
(4) AN IMAGE OF A FOOD PRODUCT PRIMARILY INTENDED F OR 20
MINORS; 21
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 22
PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS; 23
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 24
MINORS OR MED IA PRIMARILY DIRECTE D TO MINORS; AND 25
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 26
AGE OF 27 YEARS. 27
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(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 1
RETAILER TO ADVERTIS E OR PROMOTE A TIANEPTINE PRODUCT: 2
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 3
PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 4
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 5
RELIABLE SURVEY EVID ENCE; 6
(2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC 7
EVENT FOR WHICH INDIV IDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 15% OR 8
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 9
SURVEY EVIDENCE ; OR 10
(3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500 11
FEET OF A SCHOOL . 12
21–2D–04. 13
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 14
SUBTITLE. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2024. 17