In this subtitle the following words have the meanings indicated. “Phenibut product” means a product marketed for human consumption containing any beta–phenyl–gamma–aminobutyric acid HCl. “Retailer” means a person that: Sells, prepares, or maintains phenibut products; or Advertises, represents, or holds itself out as selling, preparing, or maintaining phenibut 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.

A retailer that prepares, distributes, sells, or exposes for sale a phenibut product shall disclose on the product label the factual basis on which any representations regarding the phenibut product are made. A retailer may not prepare, distribute, sell, or expose for sale a phenibut product that: Does not comply with the disclosure requirement established under paragraph (1) of this subsection; or Has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration. Subject to paragraph (2) of this subsection, a retailer may not prepare, distribute, sell, or expose for sale any of the following: A phenibut product that is adulterated with a dangerous substance other than phenibut; A phenibut product that is contaminated with a dangerous substance other than phenibut; or A product containing phenibut that does not include on its package or label the amount of beta–phenyl–gamma–aminobutyric acid HCl contained in the product. For the purpose of paragraph (1)(i) of this subsection, a phenibut product is adulterated with a dangerous substance other than phenibut if: The phenibut product is mixed or packed with a substance other than phenibut; and That substance affects the quality or strength of the phenibut product to a degree as to render the phenibut product injurious to a consumer. For the purpose of paragraph (1)(ii) of this subsection, a phenibut product is contaminated with a dangerous substance other than phenibut if the phenibut product contains a poisonous or otherwise deleterious ingredient other than phenibut, including a drug that is designated as a controlled dangerous substance under Title 5 of the Criminal Law Article. A retailer may not distribute, sell, or expose for sale a phenibut product to an individual under the age of 21 years. In a prosecution for a violation of this section, it is a rebuttable defense that the defendant relied in good faith on the representations on the manufacturer’s label on a phenibut product. A retailer that violates subsection (a)(1) of this section is subject to a civil penalty not exceeding: $1,000 for a first violation; and $2,000 for each subsequent violation. A retailer that violates subsection (a)(2), (b), or (c) 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 specified in this section, a retailer who violates this section is liable for any civil damages sustained by the individual resulting from the violation.

A retailer may not directly or indirectly advertise a therapeutic benefit of phenibut. A retailer may not directly or indirectly advertise or market phenibut products to minors. It is a violation of subsection (b) of this section for a retailer to use any of the following in the advertising, promotion, packaging, or labeling of a phenibut product: A cartoon; A superhero; A video game reference; An image of a food product primarily intended for minors; A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to minors; A symbol or celebrity that is primarily associated with minors or media primarily directed to minors; An image of an individual who appears to be under the age of 27 years; and Other images, graphics, or features or likenesses to images, graphics, or features that are popularly used to advertise to children, including: Neon colors, signs, or other brightly colored displays; Animals; Mascots; or Statements, artwork, or designs that could reasonably mislead an individual to believe that the package contains anything other than a phenibut product. It is a violation of subsection (b) of this section for a retailer to advertise or promote a phenibut product: In a newspaper, a magazine, a periodical, or any other publication for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence; At a concert, a stadium, a sporting event, or any other public event for which individuals under the age of 21 years constitute 15% or more of the total audience, as measured by competent and reliable survey evidence; or By placing an advertisement for phenibut on the side of a building or another publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard. A retailer that violates 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.

The Department shall adopt regulations to carry out this subtitle.