; and (ii) is not subject to section 503(b)(1); and (B) excludes any drug that is packaged in packets or pouches and contains 2 or fewer maximum adult doses of dextromethorphan as allowable under section 341.74 of title 21, Code of Federal Regulations (or any successor regulations). (2) The term identification card means an identification card that— (A) includes a photograph and the date of birth of the individual; and (B) is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations). (3) The term retailer means— (A) a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity whose activities as a seller of covered drugs containing dextromethorphan are limited almost exclusively to sales for personal use, both in number and volume of sales, including any sales made by the Internet or other means; and (B) excludes any entity listed in subparagraph (A) that does not sell any covered drug described in paragraph (1)(A). . (c) Civil penalties Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) A retailer that violates section 301(eee) shall not be subject to subsection (a) or any civil monetary penalty under this Act for such violation except as follows : (1) If the Secretary finds that a retailer fails to have a verification system in violation of section 301(eee)— (A) upon the first such finding, the Secretary shall issue a formal notice of violation and give the retailer a period of at least 30 days (beginning on the receipt of such notice) to correct the violation; (B) upon the second such finding, the retailer shall be subject to a civil penalty of not more than $1,000; (C) upon the third such finding, the retailer shall be subject to a civil penalty of not more than $2,000