WES MOORE, Governor Ch. 249
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Chapter 249
(House Bill 1230)
AN ACT concerning
Public Health – Tianeptine Consumer Protection Act
FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale
a food that is represented to be a tianeptine product to disclose the factual basis on
which the representation is made; prohibiting a retailer from preparing, distributing,
selling, or exposing for sale tianeptine products that do not include certain
information; prohibiting a retailer from distributing, selling, or exposing for sale, or
advertising for sale a tianeptine product to an individual under a certain age;
prohibiting a retailer from directly or indirectly advertising tianeptine products to
minors; and generally relating to tianeptine and tianeptine retailers.
BY adding to
Article – Health – General
Section 21–2D–01 through 21–2D–04 21–2D–03 to be under the new subtitle
“Subtitle 2D. Tianeptine Consumer Protection Act”
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT.
21–2D–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “RETAILER” MEANS A PERSON THAT :
(I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ;
OR
(II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS
SELLING, PREPARING, OR MAINTAINING TIANEPTI NE PRODUCTS .
(2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE,
RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , Ch. 249 2024 LAWS OF MARYLAND
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SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR
DRINK COMPANY .
(C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY
INGREDIENT PRODUCT THAT IS MARK ETED FOR HUMAN CONSU MPTION
CONTAINING ANY AMOUN T OF TIANEPTINE SODI UM OR TIANEPTINE SUL FATE.
21–2D–02.
(A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES
FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT S HALL
DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE
REPRESENTATION IS MA DE.
(2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE
FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOE S NOT
CONFORM TO THE DISCL OSURE REQUIREMENT ES TABLISHED UNDER PARA GRAPH
(1) OF THIS SUBSECTION .
(B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR
SALE A TIANEPTINE PR ODUCT THAT DOES NOT INCLUDE ON ITS PACKA GE OR LABEL
THE AMOUNT OF TIANEPTI NE SODIUM AND TIANEP TINE SULFATE CONTAIN ED IN
THE PRODUCT .
(C) (A) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE ,
OR ADVERTISE FOR SAL E A TIANEPTINE PRODUCT TO AN INDIVIDUAL UNDER THE
AGE OF 21 YEARS.
(D) IN A PROSECUTION FOR A VIOLATION OF T HIS SECTION, IT IS A DEFENSE
THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A
MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED
TO BE A TIANEPTINE P RODUCT.
(E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS
SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING :
(1) $500 FOR A FIRST VIOLATIO N; OR
(2) $1,000 FOR EACH SUBSEQUENT VIOLATION.
(F) (B) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) (A)
OF THIS SECTION IS G UILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT WES MOORE, Governor Ch. 249
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TO A FINE NOT EXCEED ING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90
DAYS, OR BOTH.
(G) (C) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SECTION, A
RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CI VIL DAMAGES SUSTAINE D
BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION.
21–2D–03.
(A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR
MARKET TIANEPTINE PR ODUCTS TO MINORS .
(B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A
RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION ,
PACKAGING, OR LABELING OF A TIA NEPTINE PRODUCT :
(1) A CARTOON;
(2) A SUPERHERO ;
(3) A VIDEO GAME REFERENCE ;
(4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR
MINORS;
(5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A
PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS;
(6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH
MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND
(7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE
AGE OF 27 YEARS.
(C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A
RETAILER TO ADVERTIS E OR PROMOTE A TIANE PTINE PRODUCT :
(1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER
PUBLICATION FOR WHICH INDIVIDUAL S UNDER THE AGE OF 21 YEARS CONSTITUTE
15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND
RELIABLE SURVEY EVID ENCE;
(2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC
EVENT FOR WHICH INDI VIDUALS UNDER THE AG E OF 21 YEARS CONSTITUTE 15% OR Ch. 249 2024 LAWS OF MARYLAND
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MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE
SURVEY EVIDENCE ; OR
(3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500
FEET OF A SCHOOL .
21–2D–04.
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the
public health or safety, has been passed by a yea and nay vote supported by three–fifths of
all the members elected to each of the two Houses of the General Assembly, and shall take
effect from the date it is enacted.
Approved by the Governor, April 25, 2024.