This act [57-2B-1 to 57-2B-12 NMSA 1978] may be cited as the “Fire-Safer Cigarette and Firefighter Protection Act”. History: Laws 2009, ch. 265, § 1. ANNOTATIONS Effective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 1 effective January 1, 2010.
Nothing in the Fire-Safer Cigarette and Firefighter Protection Act shall be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 3 [57-2B-3 NMSA 1978] of that act if the cigarettes are or will be stamped for sale in another state or are packaged for […]
The Fire-Safer Cigarette and Firefighter Protection Act is repealed, effective on the date that the New Mexico compilation commission receives certification from the state fire marshal that the federal government has adopted or enacted a reduced cigarette ignition propensity standard and that the standard is in effect. History: Laws 2009, ch. 265, § 11. ANNOTATIONS […]
Cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any ordinance, rule, regulation, resolution or statute on cigarette testing and standards. The Fire-Safer Cigarette and Firefighter Protection Act preempts any local law, ordinance or regulation that conflicts with any provision of that act or any […]
As used in the Fire-Safer Cigarette and Firefighter Protection Act: A. “agent” means any person authorized by the taxation and revenue department to purchase and affix stamps on packages of cigarettes; B. “cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) any roll of tobacco […]
A. Except as provided in Subsection K of this section, cigarettes shall not be sold or offered for sale in New Mexico unless: (1) the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; (2) a written certification has been filed by the manufacturer with […]
A. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with the test method and meets the performance standard in Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act. B. Each cigarette listed in the […]
A. Cigarettes that are certified by a manufacturer in accordance with the Fire-Safer Cigarette and Firefighter Protection Act shall be marked to indicate compliance with that act. The marking shall be in eight-point type or larger and consist of the letters “FSC”, which signifies fire standard compliant, and shall be permanently printed, stamped, engraved or […]
A. A manufacturer, wholesale dealer, agent or any other person who knowingly sells cigarettes, other than through retail sales, in violation of Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act may be assessed a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold; […]
A. The state fire marshal may promulgate rules pursuant to the Administrative Procedures Act [12-8-1 NMSA 1978], necessary to effectuate the purposes of the Fire-Safer Cigarette and Firefighter Protection Act and for inspection, seizure and destruction of cigarettes pursuant to the Forfeiture Act [31-27-1 NMSA 1978]. B. The taxation and revenue department in the regular […]
To enforce the provisions of the Fire-Safer Cigarette and Firefighter Protection Act, the attorney general, the taxation and revenue department and the state fire marshal, their duly authorized representatives and other law enforcement personnel may examine the books, papers, invoices and other records of any person in possession, control or occupancy of premises where cigarettes […]
The “fire-safer cigarette and firefighter protection fund” is created in the state treasury. The fund consists of appropriations, income from investment of the fund, money otherwise accruing to the fund, certification fees paid under Section 4 [57-2B-4 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act and money recovered as penalties under Section 6 […]
