EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1230*
HOUSE BILL 1230
J1 4lr2550
By: Delegates Pena–Melnyk and A. Jones, A. Jones, Cullison, Alston, Bagnall,
Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kipke,
R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras,
White Holland, and Woods
Introduced and read first time: February 8, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
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, or 7
advertising for sale a tianeptine product to an individual under a certain age; 8
prohibiting a retailer from directly or indirectly advertising tianeptine products to 9
minors; and generally relating to tianeptine and tianeptine retailers. 10
BY adding to 11
Article – Health – General 12
Section 21–2D–01 through 21–2D–04 21–2D–03 to be under the new subtitle 13
“Subtitle 2D. 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 2 HOUSE BILL 1230
SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT. 1
21–2D–01. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) (1) “RETAILER” MEANS A PERSON THAT : 5
(I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ; 6
OR 7
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 8
SELLING, PREPARING, OR MAINTAINING TIANE PTINE PRODUCTS . 9
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 10
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 11
SUPERMARKET , GROCERY STOR E, CONVENIENCE STORE , GAS STATION, OR FOOD OR 12
DRINK COMPANY . 13
(C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY 14
INGREDIENT PRODUCT THAT IS MARK ETED FOR HUMAN CONSU MPTION 15
CONTAINING ANY AMOUN T OF TIANEPTINE SODI UM OR TIANEPTINE SUL FATE. 16
21–2D–02. 17
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 18
FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT SHALL 19
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE 20
REPRESENTATION IS MA DE. 21
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 22
FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOES NOT 23
CONFORM TO THE DISCL OSURE REQUIREMENT ES TABLISHED UNDER PARA GRAPH 24
(1) OF THIS SUBSECTION . 25
(B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR 26
SALE A TIANEPTINE PRODUCT THAT DOES NOT INCLUD E ON ITS PACKAGE OR LABEL 27
THE AMOUNT OF TIANEP TINE SODIUM AND TIAN EPTINE SULFATE CONTA INED IN 28
THE PRODUCT . 29
HOUSE BILL 1230 3
(C) (A) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE , OR 1
ADVERTISE FOR SALE A TIANEPTINE PRODU CT TO AN INDIVIDUAL UNDER THE AGE 2
OF 21 YEARS. 3
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 4
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 5
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED 6
TO BE A TIANEPTINE P RODUCT. 7
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS 8
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 9
(1) $500 FOR A FIRST VIOLATIO N; OR 10
(2) $1,000 FOR EACH SUBSEQUENT VIOLATION. 11
(F) (B) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) (A) OF 12
THIS SECTION IS GUIL TY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A 13
FINE NOT EXCEEDING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 DAYS, 14
OR BOTH. 15
(G) (C) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SE CTION, A 16
RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CIVIL DAMAG ES SUSTAINED 17
BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION. 18
21–2D–03. 19
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 20
MARKET TIANEPTINE PR ODUCTS TO MINO RS. 21
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 22
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 23
PACKAGING, OR LABELING OF A TIA NEPTINE PRODUCT : 24
(1) A CARTOON; 25
(2) A SUPERHERO ; 26
(3) A VIDEO GAME REFERENCE ; 27
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 28
MINORS; 29
4 HOUSE BILL 1230
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 1
PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS; 2
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 3
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 4
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 5
AGE OF 27 YEARS. 6
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 7
RETAILER TO ADVERTIS E OR PROMOTE A TIANE PTINE PRODUCT : 8
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 9
PUBLICATION FOR WHIC H INDIVIDUALS UNDER THE AGE OF 21 YEARS CONSTITUTE 10
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 11
RELIABLE SURVEY EVID ENCE; 12
(2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC 13
EVENT FOR WHICH INDI VIDUALS UNDER THE AG E OF 21 YEARS CONSTITUTE 15% OR 14
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 15
SURVEY EVIDENCE ; OR 16
(3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500 17
FEET OF A SCHOOL . 18
21–2D–04. 19
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 20
SUBTITLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2024. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.