MD
Maryland House Bill HB1230

Maryland 2024 Regular Session

Maryland House Bill HB1230 Compare Versions

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1- WES MOORE, Governor Ch. 249
21
3-– 1 –
4-Chapter 249
5-(House Bill 1230)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1230*
810
9-Public Health – Tianeptine Consumer Protection Act
11+HOUSE BILL 1230
12+J1 EMERGENCY BILL (4lr2550)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Delegates Pena–Melnyk and A. Jones, A. Jones, Cullison, Alston,
16+Bagnall, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson,
17+Kaiser, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg,
18+Szeliga, Taveras, White Holland, and Woods
1019
11-FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale
12-a food that is represented to be a tianeptine product to disclose the factual basis on
13-which the representation is made; prohibiting a retailer from preparing, distributing,
14-selling, or exposing for sale tianeptine products that do not include certain
15-information; prohibiting a retailer from distributing, selling, or exposing for sale, or
16-advertising for sale a tianeptine product to an individual under a certain age;
17-prohibiting a retailer from directly or indirectly advertising tianeptine products to
18-minors; and generally relating to tianeptine and tianeptine retailers.
20+Read and Examined by Proofreaders:
1921
20-BY adding to
21- Article – Health – General
22-Section 21–2D–01 through 21–2D–04 21–2D–03 to be under the new subtitle
23-“Subtitle 2D. Tianeptine Consumer Protection Act”
24- Annotated Code of Maryland
25- (2023 Replacement Volume)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
2626
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
27+Sealed with the Great Seal and presented to the Governor, for his approval this
2928
30-Article – Health – General
29+_______ day of _______________ at ________________________ o’clock, ________M.
3130
32-SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT.
31+______________________________________________
32+Speaker.
3333
34-21–2D–01.
34+CHAPTER ______
3535
36- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
37-INDICATED.
36+AN ACT concerning 1
3837
39- (B) (1) “RETAILER” MEANS A PERSON THAT :
38+Public Health – Tianeptine Consumer Protection Act 2
4039
41- (I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ;
42-OR
40+FOR the purpose of requiring a retailer that prepares, distributes, sells, or exposes for sale 3
41+a food that is represented to be a tianeptine product to disclose the factual basis on 4
42+which the representation is made; prohibiting a retailer from preparing, distributing, 5
43+selling, or exposing for sale tianeptine products that do not include certain 6
44+information; prohibiting a retailer from distributing, selling, or exposing for sale, or 7
45+advertising for sale a tianeptine product to an individual under a certain age; 8
46+prohibiting a retailer from directly or indirectly advertising tianeptine products to 9
47+minors; and generally relating to tianeptine and tianeptine retailers. 10
4348
44- (II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS
45-SELLING, PREPARING, OR MAINTAINING TIANEPTI NE PRODUCTS .
49+BY adding to 11 2 HOUSE BILL 1230
4650
47- (2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE,
48-RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , Ch. 249 2024 LAWS OF MARYLAND
4951
50-– 2 –
51-SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR
52-DRINK COMPANY .
52+ Article – Health – General 1
53+Section 21–2D–01 through 21–2D–04 21–2D–03 to be under the new subtitle 2
54+“Subtitle 2D. Tianeptine Consumer Protection Act” 3
55+ Annotated Code of Maryland 4
56+ (2023 Replacement Volume) 5
5357
54- (C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY
55-INGREDIENT PRODUCT THAT IS MARK ETED FOR HUMAN CONSU MPTION
56-CONTAINING ANY AMOUN T OF TIANEPTINE SODI UM OR TIANEPTINE SUL FATE.
58+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
59+That the Laws of Maryland read as follows: 7
5760
58-21–2D–02.
61+Article – Health – General 8
5962
60- (A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES
61-FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT S HALL
62-DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE
63-REPRESENTATION IS MA DE.
63+SUBTITLE 2D. TIANEPTINE CONSUMER PROTECTION ACT. 9
6464
65- (2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE
66-FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOE S NOT
67-CONFORM TO THE DISCL OSURE REQUIREMENT ES TABLISHED UNDER PARA GRAPH
68-(1) OF THIS SUBSECTION .
65+21–2D–01. 10
6966
70- (B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR
71-SALE A TIANEPTINE PR ODUCT THAT DOES NOT INCLUDE ON ITS PACKA GE OR LABEL
72-THE AMOUNT OF TIANEPTI NE SODIUM AND TIANEP TINE SULFATE CONTAIN ED IN
73-THE PRODUCT .
67+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
68+INDICATED. 12
7469
75- (C) (A) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE ,
76-OR ADVERTISE FOR SAL E A TIANEPTINE PRODUCT TO AN INDIVIDUAL UNDER THE
77-AGE OF 21 YEARS.
70+ (B) (1) “RETAILER” MEANS A PERSON THAT : 13
7871
79- (D) IN A PROSECUTION FOR A VIOLATION OF T HIS SECTION, IT IS A DEFENSE
80-THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A
81-MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED
82-TO BE A TIANEPTINE P RODUCT.
72+ (I) SELLS, PREPARES, OR MAINTAINS TIANEPT INE PRODUCTS ; 14
73+OR 15
8374
84- (E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTION IS
85-SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING :
75+ (II) ADVERTISES, REPRESENTS , OR HOLDS ITSELF OUT AS 16
76+SELLING, PREPARING, OR MAINTAINING TIANE PTINE PRODUCTS. 17
8677
87- (1) $500 FOR A FIRST VIOLATIO N; OR
78+ (2) “RETAILER” INCLUDES A MANUFACTU RER, WHOLESALER , STORE, 18
79+RESTAURANT , HOTEL, CATERING FACILITY , CAMP, BAKERY, DELICATESSEN , 19
80+SUPERMARKET , GROCERY STORE , CONVENIENCE STORE , GAS STATION, OR FOOD OR 20
81+DRINK COMPANY . 21
8882
89- (2) $1,000 FOR EACH SUBSEQUENT VIOLATION.
83+ (C) “TIANEPTINE PRODUCT ” MEANS A FOOD PRODUCT OR DIET ARY 22
84+INGREDIENT PRODUCT THAT IS MARK ETED FOR HUMAN CONSU MPTION 23
85+CONTAINING ANY AMOUN T OF TIANEPTINE SODI UM OR TIANEPTINE SUL FATE. 24
9086
91- (F) (B) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) (A)
92-OF THIS SECTION IS G UILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT WES MOORE, Governor Ch. 249
87+21–2D–02. 25
9388
94-– 3 –
95-TO A FINE NOT EXCEED ING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90
96-DAYS, OR BOTH.
89+ (A) (1) A RETAILER THAT PREPAR ES, DISTRIBUTES, SELLS, OR EXPOSES 26
90+FOR SALE A FOOD THAT IS REPRESENTED TO BE A TIANEPTINE PRODUCT S HALL 27
91+DISCLOSE ON THE PROD UCT LABEL THE FACTUA L BASIS ON WHICH THE 28
92+REPRESENTATION IS MA DE. 29
9793
98- (G) (C) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SECTION, A
99-RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CI VIL DAMAGES SUSTAINE D
100-BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION.
94+ (2) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE 30
95+FOR SALE A FOOD REPR ESENTED TO BE A TIAN EPTINE PRODUCT THAT DOES NOT 31 HOUSE BILL 1230 3
10196
102-21–2D–03.
10397
104- (A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR
105-MARKET TIANEPTINE PR ODUCTS TO MINORS .
98+CONFORM TO THE DISCL OSURE REQUIREMENT ES TABLISHED UNDER PARA GRAPH 1
99+(1) OF THIS SUBSECTION . 2
106100
107- (B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A
108-RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION ,
109-PACKAGING, OR LABELING OF A TIA NEPTINE PRODUCT :
101+ (B) A RETAILER MAY NOT PRE PARE, DISTRIBUTE, SELL, OR EXPOSE FOR 3
102+SALE A TIANEPTINE PR ODUCT THAT DOES NOT INCLUDE ON ITS PACKA GE OR LABEL 4
103+THE AMOUNT OF TIANEP TINE SODIUM AND TIANEP TINE SULFATE CONTAIN ED IN 5
104+THE PRODUCT . 6
110105
111- (1) A CARTOON;
106+ (C) (A) A RETAILER MAY NOT DIS TRIBUTE, SELL, OR EXPOSE FOR SALE , 7
107+OR ADVERTISE FOR SAL E A TIANEPTINE PRODUCT TO AN INDIVIDUAL UNDER THE 8
108+AGE OF 21 YEARS. 9
112109
113- (2) A SUPERHERO ;
110+ (D) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 10
111+THAT THE DEFENDANT R ELIED IN GOOD FAITH ON THE REPRESENTATIO NS OF A 11
112+MANUFACTURER , PROCESSOR, PACKER, OR DISTRIBUTOR OF FO OD REPRESENTED 12
113+TO BE A TIANEPTINE P RODUCT. 13
114114
115- (3) A VIDEO GAME REFERENCE ;
115+ (E) A RETAILER THAT VIOLAT ES SUBSECTION (A)(1) OF THIS SECTI ON IS 14
116+SUBJECT TO A CIVIL P ENALTY NOT EXCEEDING : 15
116117
117- (4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR
118-MINORS;
118+ (1) $500 FOR A FIRST VIOLATIO N; OR 16
119119
120- (5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A
121-PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS;
120+ (2) $1,000 FOR EACH SUBSEQUENT VIOLATION. 17
122121
123- (6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH
124-MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND
122+ (F) (B) A RETAILER THAT VIOLAT ES SUBSECTION (A)(2), (B), OR (C) (A) 18
123+OF THIS SECTION IS G UILTY OF A MISDEMEAN OR AND ON CONVICTION IS SUBJECT 19
124+TO A FINE NOT EXCEED ING $500 $5,000, IMPRISONMENT FOR NOT MORE THAN 90 20
125+DAYS, OR BOTH. 21
125126
126- (7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE
127-AGE OF 27 YEARS.
127+ (G) (C) IN ADDITION TO ANY OT HER PENALTIES UNDER THIS SECTION, A 22
128+RETAILER WHO VIOLATE S THIS SECTION IS LIABLE FOR CI VIL DAMAGES SUSTAINE D 23
129+BY THE INDIVIDUAL RE SULTING FROM THE VIO LATION. 24
128130
129- (C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A
130-RETAILER TO ADVERTIS E OR PROMOTE A TIANE PTINE PRODUCT :
131+21–2D–03. 25
131132
132- (1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER
133-PUBLICATION FOR WHICH INDIVIDUAL S UNDER THE AGE OF 21 YEARS CONSTITUTE
134-15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND
135-RELIABLE SURVEY EVID ENCE;
133+ (A) A RETAILER MAY NOT DIR ECTLY OR INDIRECTLY ADVERTISE OR 26
134+MARKET TIANEPTINE PR ODUCTS TO MINORS . 27
136135
137- (2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC
138-EVENT FOR WHICH INDI VIDUALS UNDER THE AG E OF 21 YEARS CONSTITUTE 15% OR Ch. 249 2024 LAWS OF MARYLAND
136+ (B) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 28
137+RETAILER TO USE ANY OF THE FOLLOWING IN THE ADVERTISING , PROMOTION , 29
138+PACKAGING, OR LABELING OF A TIA NEPTINE PRODUCT : 30
139139
140-– 4 –
141-MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE
142-SURVEY EVIDENCE ; OR
140+ (1) A CARTOON; 31
141+ 4 HOUSE BILL 1230
143142
144- (3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500
145-FEET OF A SCHOOL .
146143
147-21–2D–04.
144+ (2) A SUPERHERO ; 1
148145
149- THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
150-SUBTITLE.
146+ (3) A VIDEO GAME REFERENCE ; 2
151147
152- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
153-October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the
154-public health or safety, has been passed by a yea and nay vote supported by three–fifths of
155-all the members elected to each of the two Houses of the General Assembly, and shall take
156-effect from the date it is enacted.
148+ (4) AN IMAGE OF A FOOD PR ODUCT PRIMARILY INTE NDED FOR 3
149+MINORS; 4
157150
158-Approved by the Governor, April 25, 2024.
151+ (5) A TRADEMARK THAT IMITA TES OR MIMICS THE TR ADEMARK OF A 5
152+PRODUCT THAT HAS BEE N ADVERTISED OR MARK ETED PRIMARILY TO MI NORS; 6
153+
154+ (6) A SYMBOL OR CELEBRITY THAT IS PRIMARILY AS SOCIATED WITH 7
155+MINORS OR MEDIA PRIM ARILY DIRECTED TO MI NORS; AND 8
156+
157+ (7) AN IMAGE OF AN INDIVI DUAL WHO APPEARS TO BE UNDER THE 9
158+AGE OF 27 YEARS. 10
159+
160+ (C) IT IS A VIOLATION OF SUBSECTION (A) OF THIS SECTION FOR A 11
161+RETAILER TO ADVERTIS E OR PROMOTE A TIANE PTINE PRODUCT : 12
162+
163+ (1) IN A NEWSPAPER , MAGAZINE, PERIODICAL, OR OTHER 13
164+PUBLICATION FOR WHICH INDIVIDUAL S UNDER THE AGE OF 21 YEARS CONSTITUTE 14
165+15% OR MORE OF THE TOTAL AUDIENCE, AS MEASURED BY COMPE TENT AND 15
166+RELIABLE SURVEY EVID ENCE; 16
167+
168+ (2) AT A CONCERT, STADIUM, SPORTING EVENT , OR OTHER PUBLIC 17
169+EVENT FOR WHICH INDI VIDUALS UNDER THE AG E OF 21 YEARS CONSTITUTE 15% OR 18
170+MORE OF THE TOTAL AU DIENCE, AS MEASURED BY COMPE TENT AND RELIABLE 19
171+SURVEY EVIDENCE ; OR 20
172+
173+ (3) ON AN OUTDOOR BILLBOA RD OR SIGNBOARD THAT IS WITHIN 500 21
174+FEET OF A SCHOOL . 22
175+
176+21–2D–04. 23
177+
178+ THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 24
179+SUBTITLE. 25
180+
181+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
182+October 1, 2024 is an emergency measure, is necessary for the immediate preservation of the 27
183+public health or safety, has been passed by a yea and nay vote supported by three–fifths of 28
184+all the members elected to each of the two Houses of the General Assembly, and shall take 29
185+effect from the date it is enacted. 30
186+