EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
Italics indicate opposite chamber/conference committee amendments.
*hb1230*
HOUSE BILL 1230
J1 EMERGENCY BILL (4lr2550)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced 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
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1230
Article – Health – General 1
Section 21–2D–01 through 21–2D–04 21–2D–03 to be under the new subtitle 2
“Subtitle 2D. Tianeptine Consumer Protection Act” 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT. 9
21–2D–01. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) (1) “RETAILER” MEANS A PERSON THAT : 13
(I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ; 14
OR 15
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 16
SELLING, PREPARING, OR MAINTAINING TIANE PTINE PRODUCTS. 17
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 18
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 19
SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 20
DRINK COMPANY . 21
(C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY 22
INGREDIENT PRODUCT THAT IS MARK ETED FOR HUMAN CONSU MPTION 23
CONTAINING ANY AMOUN T OF TIANEPTINE SODI UM OR TIANEPTINE SUL FATE. 24
21–2D–02. 25
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 26
FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT S HALL 27
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE 28
REPRESENTATION IS MA DE. 29
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 30
FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOES NOT 31 HOUSE BILL 1230 3
CONFORM TO THE DISCL OSURE REQUIREMENT ES TABLISHED UNDER PARA GRAPH 1
(1) OF THIS SUBSECTION . 2
(B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR 3
SALE A TIANEPTINE PR ODUCT THAT DOES NOT INCLUDE ON ITS PACKA GE OR LABEL 4
THE AMOUNT OF TIANEP TINE SODIUM AND TIANEP TINE SULFATE CONTAIN ED IN 5
THE PRODUCT . 6
(C) (A) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE , 7
OR ADVERTISE FOR SAL E A TIANEPTINE PRODUCT TO AN INDIVIDUAL UNDER THE 8
AGE OF 21 YEARS. 9
(D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 10
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 11
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED 12
TO BE A TIANEPTINE P RODUCT. 13
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTI ON IS 14
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 15
(1) $500 FOR A FIRST VIOLATIO N; OR 16
(2) $1,000 FOR EACH SUBSEQUENT VIOLATION. 17
(F) (B) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) (A) 18
OF THIS SECTION IS G UILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT 19
TO A FINE NOT EXCEED ING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 20
DAYS, OR BOTH. 21
(G) (C) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SECTION, A 22
RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CI VIL DAMAGES SUSTAINE D 23
BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION. 24
21–2D–03. 25
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 26
MARKET TIANEPTINE PR ODUCTS TO MINORS . 27
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 28
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 29
PACKAGING, OR LABELING OF A TIA NEPTINE PRODUCT : 30
(1) A CARTOON; 31
4 HOUSE BILL 1230
(2) A SUPERHERO ; 1
(3) A VIDEO GAME REFERENCE ; 2
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 3
MINORS; 4
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 5
PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS; 6
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 7
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 8
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 9
AGE OF 27 YEARS. 10
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 11
RETAILER TO ADVERTIS E OR PROMOTE A TIANE PTINE PRODUCT : 12
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 13
PUBLICATION FOR WHICH INDIVIDUAL S UNDER THE AGE OF 21 YEARS CONSTITUTE 14
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 15
RELIABLE SURVEY EVID ENCE; 16
(2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC 17
EVENT FOR WHICH INDI VIDUALS UNDER THE AG E OF 21 YEARS CONSTITUTE 15% OR 18
MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 19
SURVEY EVIDENCE ; OR 20
(3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500 21
FEET OF A SCHOOL . 22
21–2D–04. 23
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 24
SUBTITLE. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the 27
public health or safety, has been passed by a yea and nay vote supported by three–fifths of 28
all the members elected to each of the two Houses of the General Assembly, and shall take 29
effect from the date it is enacted. 30