Section 61-37-18 – Criminal penalties; unlicensed activities.
A person who manufactures, distributes or sells tobacco products without a license required pursuant to the Tobacco Products Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Contraband tobacco products seized by the division or by a law enforcement agency as evidence of unlicensed […]
Section 61-37-19 – Manufacturers, distributors and retailers; violations; license suspension or revocation; administrative penalties.
The division may suspend or revoke a license of a licensee, require the use of identification verification software for a designated period of time or impose an administrative penalty against a licensee in an amount not to exceed ten thousand dollars ($10,000), or any combination thereof, if the division finds that the licensee, an employee […]
Section 61-37-20 – Monitored compliance; inspections.
The alcoholic beverage control division of the regulation and licensing department, the department of public safety and the appropriate law enforcement authorities in each county and municipality may conduct random, unannounced inspections of facilities where tobacco products are sold, manufactured or distributed to ensure compliance with the provisions of the Tobacco Products Act. History: Laws […]
Section 61-37-21 – Authority of department of public safety.
A. The department of public safety has authority over all investigations and enforcement activities required under the Tobacco Products Act, except for those provisions relating to the issuance, denial, suspension or revocation and administrative sanctions of licenses unless its assistance is requested by the director. B. Following the issuance of a citation pursuant to the […]
Section 61-37-2 – Definitions.
As used in the Tobacco Products Act: A. “child-resistant packaging” means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for a normal […]
Section 61-37-3 – Prohibited sales; manufacturing; labeling; marketing; safety requirements.
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. […]
Section 61-37-4 – Division; license issuance; manufacture, distribution or sale of tobacco products.
A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act. B. The division shall issue or renew a license for the: (1) manufacture of tobacco products for […]
Section 61-37-5 – Manufacturer license requirements; application and renewal requirements; fees.
A. A person shall not manufacture tobacco products at any location in the state without first obtaining a manufacturer license issued by the division to that person for that location. B. An application for a manufacturer license or manufacturer license renewal shall be submitted on a form prescribed by the division and shall include: (1) […]
Section 61-37-6 – Distributor license requirements; application and renewal requirements; fees.
A. A person shall not distribute tobacco products from any location in the state without first obtaining a distributor license issued by the division to that person for that location. B. An application for a distributor license or distributor license renewal shall be submitted on a form prescribed by the division and shall include: (1) […]
Section 61-37-7 – Retailer license requirements; application and renewal requirements; fees.
A. A person shall not sell tobacco products at any location in the state without first obtaining a retailer license issued by the division to that person or that person’s employer for that location. B. An application for a retailer license or for a retailer license renewal shall be submitted on a form prescribed by […]