A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products.
B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure tobacco products in person shall be shown by a valid document that contains a picture of that person and is issued by a federal, state, county, municipal, tribal or foreign government, including a motor vehicle driver's license or an identification card.
C. For each sale made through a delivery sales method, age verification shall be completed through an independent, third-party age verification service that establishes that a consumer is of legal age by comparing information available from public records to personal information entered by the consumer during the ordering process.
D. A retailer may ship tobacco products only to a consumer whose age has been verified pursuant to Subsection C of this section.
History: Laws 2020, ch. 46, § 14.
Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 14 effective January 1, 2021.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-37-1 - Short title.
Section 61-37-2 - Definitions.
Section 61-37-3 - Prohibited sales; manufacturing; labeling; marketing; safety requirements.
Section 61-37-4 - Division; license issuance; manufacture, distribution or sale of tobacco products.
Section 61-37-5 - Manufacturer license requirements; application and renewal requirements; fees.
Section 61-37-6 - Distributor license requirements; application and renewal requirements; fees.
Section 61-37-7 - Retailer license requirements; application and renewal requirements; fees.
Section 61-37-8 - License application information changes.
Section 61-37-9 - Issuance of licenses; reasons for denial.
Section 61-37-10 - License transfer; notice of changes.
Section 61-37-11 - Tobacco products administration fund; created; purpose.
Section 61-37-12 - Fees and administrative penalties retained by the division.
Section 61-37-13 - Hearing procedure.
Section 61-37-14 - Documentary evidence of age and identity.
Section 61-37-15 - Vending machines; restrictions on sales of tobacco products.
Section 61-37-16 - Distribution of tobacco products as free samples prohibited.
Section 61-37-17 - Signs; point of sale.
Section 61-37-18 - Criminal penalties; unlicensed activities.
Section 61-37-20 - Monitored compliance; inspections.
Section 61-37-21 - Authority of department of public safety.
Section 61-37-22 - Authority of the division.
Section 61-37-23 - Administrative authority and powers.