This act [57-2A-1 to 57-2A-10 NMSA 1978] may be cited as the “Cigarette Enforcement Act”. History: Laws 2000, ch. 77, § 1. ANNOTATIONS Effective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000. Law reviews. — For article, “Public Health Protection and the Commerce Clause: Controlling Tobacco […]
A. The Cigarette Enforcement Act shall be enforced by the department and the attorney general; provided that, at the request of the department, the state police and all local police authorities shall enforce the provisions of the Cigarette Enforcement Act. B. For the purpose of enforcing the Cigarette Enforcement Act, the department or the attorney […]
As used in the Cigarette Enforcement Act: A. “cigarette” means any roll of tobacco or any substitute therefor wrapped in paper or any substance other than tobacco; B. “department” means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by […]
It is unlawful for a person to: A. sell or distribute in this state; acquire, hold, own, possess or transport for sale or distribution in this state; or to import, or cause to be imported, into this state for sale or distribution in this state: (1) cigarettes, the package of which: (a) bears a statement, […]
A. On the first business day of each month, each person licensed or registered to affix a state tax stamp to cigarettes pursuant to Section 7-12-9.1 NMSA 1978 shall file with the department for all cigarettes imported into the United States to which the person has affixed a tax stamp in the preceding month: (1) […]
A violation of Section 3 or 4 [57-2A-3 or 57-2A-4 NMSA 1978] of the Cigarette Enforcement Act constitutes an unfair trade practice pursuant to the Unfair Practices Act [57-12-1 NMSA 1978]. History: Laws 2000, ch. 77, § 5. ANNOTATIONS Effective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July […]
For the purposes of the Cigarette Enforcement Act, cigarettes imported or reimported into the United States for sale or distribution under a trade name, trade dress or trademark that is the same as, or is confusingly similar to, a trade name, trade dress or trademark used for cigarettes manufactured in the United States for sale […]
A. A person who knowingly commits an act prohibited by Section 3 [57-2A-3 NMSA 1978] of the Cigarette Enforcement Act is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with Section 31-18-15 NMSA 1978. B. A person who fails to comply with a requirement of Section 4 [57-2A-4 NMSA […]
A. The secretary may revoke or suspend the registration or license of a person licensed or registered pursuant to Section 7-12-9 NMSA 1978 who violates Section 3 or 4 [57-2A-3 or 57-2A-4 NMSA 1978] of the Cigarette Enforcement Act. The decision to revoke or suspend shall be taken and is subject to review in accordance […]
The provisions of the Cigarette Enforcement Act do not apply to: A. cigarettes allowed to be imported or brought into the United States for personal use free of federal tax or duty or voluntarily abandoned to the federal secretary of the treasury at the time of entry; and B. cigarettes sold or intended to be […]
