A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor.
B. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed package, except for individually sold cigars or loose leaf pipe tobacco.
C. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, "nicotine liquid" does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
D. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.
History: Laws 2020, ch. 46, § 3.
Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 3 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.