**APPENDIX N**

**STATE OF NEW MEXICO TOBACCO PRODUCTS ACT**

Chapter 30, Article 49 Tobacco Products

TOBACCO PRODUCTS

Statute text

As used in the Tobacco Products Act \[30-49-1 to 30-49-12 NMSA 1978\],
**\"minor\" means an individual who is less than eighteen years of
age.**

History: Laws 1993, ch. 244, § 2. § 30-49-3 Tobacco; prohibited sales
(1997 Repl.) 30-49-3. Tobacco; prohibited sales.

Statute text

**A. No person shall knowingly sell, offer to sell, barter or give any
tobacco product to any minor.**

**B. No minor shall procure or attempt to procure any tobacco products
for his own use or for use by any other minor.**

**C. No person shall sell, offer to sell or deliver a tobacco product in
a form other than an original factory-sealed package.**

History: Laws 1993, ch. 244, § 3. § 30-49-4 Documentary evidence of age
and identity (1997 Repl.) 30-49-4. Documentary evidence of age and
identity.

Statute text

**Evidence of the age and identity of the person may be shown by any
document that contains a picture of the person issued by a federal,
state, county or municipal government, including a motor vehicle
driver\'s license or an identification card issued to a member of the
armed forces**.

History: Laws 1993, ch. 244, § 4. § 30-49-5 Refusal to sell tobacco
products to person unable to produce identity card

identity card (1997 Repl.) 30-49-5. Refusal to sell tobacco products to
person unable to produce identity card.

Statute text

***ANY PERSON SELLING GOODS AT RETAIL OR WHOLESALE MAY REFUSE TO SELL
TOBACCO PRODUCTS TO ANY PERSON WHO IS UNABLE TO PRODUCE AN IDENTITY CARD
AS EVIDENCE THAT HE IS EIGHTEEN YEARS OF AGE OR OVER.***

History: Laws 1993, ch. 244, § 5.

§ 30-49-6 Presenting false evidence of age or identity (1997 Repl.)
30-49-6. Presenting false evidence of age or identity.

Statute text

**No minor shall present any written, printed or photostatic evidence of
age or identity that is false for the purpose of procuring or attempting
to procure any tobacco products.**

History: Laws 1993, ch. 244, § 6.

§ 30-49-7 Vending machines; restrictions on sales of tobacco products
(1997 Repl.)

30-49-7. Vending machines; restrictions on sales of tobacco products.

Statute text

A**. Tobacco products may be sold by vending machines in the following
locations only**:

**(1) in locations not held open to the public, including controlled
areas within factories, businesses and offices;**

**(2) in age-controlled locations where minors are not permitted unless
accompanied by a parent or guardian; or**

**(3) in locations where alcoholic beverages are offered for sale for
the purpose of consumption on the premises**.

History: Laws 1993, ch. 244, § 7.

Annotations

Compiler\'s notes. - As enacted by Laws 1993, ch. 244, § 7, this section
does not contain a Subsection B.

§ 30-49-8 Distribution of tobacco products as free samples prohibited;
exception (1997 Repl.)

30-49-8. Distribution of tobacco products as free samples prohibited;
exception.

Statute text

A**. A person who sells, distributes, promotes or advertises tobacco
products shall not provide free samples of tobacco products to a
minor**.

B. **The provisions of Subsection A of this section shall not apply to
an individual who provides free samples of tobacco products to a family
member or to an acquaintance on private property not held open to the
public.**

History: Laws 1993, ch. 244, § 8.§ 30-49-9 Signs; point of sale (1997
Repl.) 30-49-9. Signs; point of sale.

Statute text

**A person, firm, corporation, partnership or other entity engaged in
the sale at retail of tobacco products shall prominently display in the
place where tobacco products are sold and where a tobacco product
vending machine is located, a printed sign or decal that reads as
follows**:

***\"A PERSON LESS THAN 18 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT
IS SUBJECT TO A FINE OF UPTO \$1,000.***

***A PERSON WHO SELLS A TOBACCO PRODUCT TO A PERSON LESS THAN 18 YEARS
OF AGE IS SUBJECT TO A FINE OF UPTO \$1,000.\"***

History: Laws 1993, ch. 244, § 9. § 30-49-10 Monitored compliance;
inspections (1997 Repl.) 30-49-10. Monitored compliance; inspections.

Statute text

**The alcohol and gaming division of the regulation and licensing
department and the appropriate law enforcement authorities in each
county and municipality shall conduct random, unannounced inspections of
facilities where tobacco products are sold to ensure compliance with the
provisions of the Tobacco Products Act \[30-49-1 to 30-49-12 NMSA
1978\].**

History: Laws 1993, ch. 244, § 10. § 30-49-11 Preemption (1997 Repl.)

30-49-11. Preemption.

Statute text

**When a municipality or county adopts an ordinance or a regulation
pertaining to sales of tobacco products, the ordinance or regulation
shall be consistent with the provisions of the Tobacco Products Act
\[30-49-1 to**

**30-49-12 NMSA 1978\].**

History: Laws 1993, ch. 244, § 11. § 30-49-12 Penalty (1997 Repl.)
30-49-12. Penalty.

Statute text

A. **Any person who violates any provision of Subsection A of Section
3\[30-49-3 NMSA 1978\] or Sections 5, 7, 8 or 9 \[30-49-5, 30-49-7,
30-49-8 or 30-49-9 NMSA 1978\] of the Tobacco Products Act is guilty of
a misdemeanor and shall be sentenced pursuant to the provisions of
Section 31-19-1 NMSA 1978. Each violation is a separate and distinct
offense**.

B. **Any minor who violates any provision of Subsection B of Section 3
\[30-49-3 NMSA 1978\] or Section 6 \[30-49-6 NMSA 1978\] of the Tobacco
Products Act shall be punished by a fine not to exceed one hundred
dollars (\$100) or forty-eight (48) hours of community service.**

History: Laws 1993, ch. 244, § 12.
<http://www.health.state.nm.us/bhsd/prevention/xsynarpart1.html>

*Effective January 1, 2004, the new law, text following "An Act"
mandates retailers to sell tobacco products in a direct, face-to-face
exchange between the customer and seller. To do this, retailers must
eliminate all self-service tobacco product displays.*

*Vending machine tobacco sales are prohibited unless the machines are
equipped with remote-controlled lockout devices. Tobacco vending
machines are allowed in areas not open to the public and in places where
minors are not permitted without a parent or guardian.*

**AN ACT**

**RELATING TO SALE OF TOBACCO PRODUCTS; PREVENTING YOUTH ACCESS TO
TOBACCO PRODUCTS BY PROHIBITING SELF-SERVICE DISPLAYS AND REQUIRING
DIRECT, FACE-TO-FACE SALES OF TOBACCO PRODUCTS; LIMITING VENDING MACHINE
SALES; EXEMPTING CERTAIN SALES.**

**BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:**

Section 1. Section 30-49-7 NMSA 1978 (being Laws 1993, Chapter 244,

Section 7) is amended to read:

\"30-49-7. VENDING MACHINES\--RESTRICTIONS ON SALES OF TOBACCO

PRODUCTS. ---

A. Except as provided in Subsections B and C of this section:

\(1\) **a person shall not sell tobacco products at a retail location in
New Mexico by any means other than a direct, face-to-face exchange
between the customer and the seller or the seller\'s employee; and**

\(2\) **a person selling goods at a retail location in New Mexico shall
not use a self-service display for tobacco products. As used in this
subsection, \"self-service display\" means a display to which the public
has access without the assistance of the seller or the seller\'s
employee.**

B. Tobacco products may be sold by vending machines in the following
locations only:

\(1\) in locations not held open to the public, including controlled
areas within factories, businesses and offices;

\(2\) in locations in which the vending machine is equipped with a
remote-controlled lock-out device; or

\(3\) in age-controlled locations where minors are not permitted unless
accompanied by a parent or guardian.

C. The provisions of this section do not apply to written, telephonic or
electronic sales.\"

Section 2. EFFECTIVE DATE. \--The effective date of the provisions of
this act is January 1, 2004.

House Bill 136