1. (a)

   1. (1) 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.

   2. (2) A retailer may not prepare, distribute, sell, or expose for sale a phenibut product that:

      1. (i) Does not comply with the disclosure requirement established under paragraph (1) of this subsection; or
      2. (ii) Has not been recognized as a dietary ingredient or approved drug by the U.S. Food and Drug Administration.

2. (b)

   1. (1) Subject to paragraph (2) of this subsection, a retailer may not prepare, distribute, sell, or expose for sale any of the following:

      1. (i) A phenibut product that is adulterated with a dangerous substance other than phenibut;
      2. (ii) A phenibut product that is contaminated with a dangerous substance other than phenibut; or
      3. (iii) 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.

   2. (2)

      1. (i) For the purpose of paragraph (1)(i) of this subsection, a phenibut product is adulterated with a dangerous substance other than phenibut if:

         1. 1. The phenibut product is mixed or packed with a substance other than phenibut; and
         2. 2. That substance affects the quality or strength of the phenibut product to a degree as to render the phenibut product injurious to a consumer.
      2. (ii) 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.
3. (c) A retailer may not distribute, sell, or expose for sale a phenibut product to an individual under the age of 21 years.
4. (d) In a prosecution for a violation of this section, it is a defense that the defendant relied in good faith on the representations of a manufacturer, processor, packer, or distributor of a phenibut product.

5. (e) A retailer that violates subsection (a)(1) of this section is subject to a civil penalty not exceeding:

   1. (1) $1,000 for a first violation; and
   2. (2) $2,000 for each subsequent violation.
6. (f) 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.
7. (g) 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.

Added by Acts 2025, c. 704, § 1, eff. Oct. 1, 2025.