In this subtitle the following words have the meanings indicated. “Retailer” means a person that: Sells, prepares, or maintains tianeptine products; or Advertises, represents, or holds itself out as selling, preparing, or maintaining tianeptine products. “Retailer” includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, gas station, or food or drink company. “Tianeptine product” means a product that is marketed for human consumption containing any amount of tianeptine sodium or tianeptine sulfate.

A retailer may not distribute, sell, expose for sale, or advertise for sale a tianeptine product to an individual. A retailer that violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, imprisonment for not more than 90 days, or both. In addition to any other penalties under this section, a retailer who violates this section is liable for civil damages sustained by the individual resulting from the violation.

The Department shall adopt regulations to carry out this subtitle.