reglab/housing_qa huggingface dataset:
NM Stat § 57-19-36 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19 - Petroleum Products|Section 57-19-36 - Penalties; administrative procedures; appeals.

A. No person, by himself, by his servant or agent or as the servant or agent of another person shall: (1) violate the provisions of the Petroleum Products Standards Act; (2) violate any regulation adopted pursuant to the Petroleum Products Standards Act; or (3) misrepresent a petroleum product as meeting the standards of the Petroleum Products Standards Act. B. Any person who violates Subsection A of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. C. The board shall establish a system of administrative penalties for violations of the Petroleum Products Standards Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, shall adopt rules that meet the following minimum requirements: (1) the maximum amount of any administrative penalty shall not exceed one thousand dollars ($1,000) for any one violation of the Petroleum Products Standards Act by any person; (2) violations for which administrative penalties may be assessed shall be clearly defined, along with a scale of administrative penalties relating the amount of the administrative penalty to the severity and frequency of the violation; (3) provisions shall be included for due process, including proper notification of administrative proceedings, right to discovery of charges and evidence and appeal procedures; and (4) prior to assessing administrative penalties pursuant to the provisions of the Petroleum Products Standards Act, the department shall comply with Paragraphs (2) and (3) of this subsection. D. Appeals from decisions of the director regarding the assessment of an administrative penalty shall be to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1993, ch. 98, § 12; 1998, ch. 55, § 51; 1999, ch. 265, § 54. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection D. The 1998 amendment, effective September 1, 1998, in Subsection B, substituted "is" for "shall be"; in Subsection C, substituted "rules" for "regulations"; and rewrote Subsection D.
NM Stat § 57-19-37 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19 - Petroleum Products|Section 57-19-37 - Injunction.

A. In order to ensure compliance with, and in order to enforce the provisions of, the Petroleum Products Standards Act the director may apply to a court of competent jurisdiction to have a person enjoined from engaging in a practice prohibited by that act. B. Upon application to a court for the issuance of an injunction against a person who is not complying with the provisions of the Petroleum Products Standards Act, the court may issue an order to restrain the person temporarily from engaging in the prohibited practice. The court shall hear the matter and, upon a preponderance of the evidence that the person is not complying with the provisions of the Petroleum Products Standards Act, the court shall enjoin the person from engaging in the prohibited practice. History: Laws 1993, ch. 98, § 13. ANNOTATIONSSeverability clauses. — Laws 1993, ch. 98, § 15 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 57-19-38 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19 - Petroleum Products|Section 57-19-38 - Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; penalty.

A. Engine coolant or antifreeze sold in this state after January 1, 2006 that is manufactured after July 1, 2005 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive or bittering agent within the product so as to render it unpalatable. A manufacturer or packager of engine coolant or antifreeze subject to the provisions of this section shall maintain a record of the trade name, scientific name and active ingredients of an aversive or bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be furnished to a member of the public upon request. B. The requirements of this section apply only to manufacturers, packagers, distributors, recyclers or sellers of engine coolant or antifreeze. C. A manufacturer, packager, distributor, recycler or seller of engine coolant or antifreeze that is required to contain an aversive or bittering agent pursuant to this section is not liable to any person for personal injury, death, property damage, damage to the environment or natural resources or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze. D. The limitation on liability provided in Subsection B of this section is only applicable if denatonium benzoate is included in engine coolant or antifreeze in the concentrations mandated by this section. The limitation on liability provided in Subsection B of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze. E. No political subdivision of this state shall have authority to establish or continue in effect a prohibition, limitation, standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze, with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze, which is different from, or in addition to, the provisions of this section. F. The provisions of this section do not apply to the sale of a motor vehicle that contains engine coolant or antifreeze. G. The New Mexico department of agriculture has the authority to inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of this section. H. A person who violates the provisions of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. History: Laws 2005, ch. 62, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 57-19A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-1 - Short title.

Sections 1 through 9 [57-19A-1 to 57-19A-9 NMSA 1978] of this act may be cited as the "Petroleum Products Fair Trade Practices Act". History: Laws 1991, ch. 243, § 1.
NM Stat § 57-19A-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-2 - Definitions.

As used in the Petroleum Products Fair Trade Practices Act: A. "person" includes natural persons, corporations, trusts, partnerships, associations, cooperative associations, clubs, companies, firms, joint ventures or syndicates; and B. "petroleum product" includes liquid fuels, lubricating oils, greases and similar products. History: Laws 1991, ch. 243, § 2.
NM Stat § 57-19A-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-3 - Imitation of design, symbol or trademark.

No person shall knowingly disguise or camouflage his equipment by imitating the design, symbol or trade name under which recognized brands of petroleum products are generally marketed, and no person shall deceive any purchaser of the kind, quality or brand of petroleum products sold or offered for sale. History: Laws 1991, ch. 243, § 3.
NM Stat § 57-19A-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-4 - Pumps and containers for storage or sale; improper marking.

No person shall knowingly possess or use a pump, tank, container or other device or equipment to store, keep, expose for sale, offer for sale or sell any petroleum product other than that manufactured, sold or distributed by the person whose name, trademark or trade name is affixed to the pump, tank, container or other device or equipment. History: Laws 1991, ch. 243, § 4.
NM Stat § 57-19A-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-5 - Adulteration or blending of products sold under different names.

No person shall knowingly expose or offer for sale or sell a petroleum product of a manufacturer or distributor that has been mixed, blended or compounded with the products of other manufacturers or distributors under the trade name, trademark or name or other distinguishing mark of either of the manufacturers or distributors or as the unadulterated product of a manufacturer or distributor. Nothing in this section shall prevent the lawful owner from applying his own trademark, trade name or symbol to any product or material. History: Laws 1991, ch. 243, § 5.
NM Stat § 57-19A-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-6 - Adulteration of [or] blending of products sold under same name.

No person shall knowingly expose for sale, offer for sale or sell any petroleum product as a[n] unadulterated product of a manufacturer or distributor or as the unadulterated product of any other manufacturer or distributor if it has been mixed, blended, compounded or adulterated with a petroleum product of the same manufacturer or distributor that is of a different quality or character from the quality or character of the other petroleum products. Nothing in this section shall prevent the lawful owner of a petroleum product from applying his own trademark, trade name or symbol to any product or material. History: Laws 1991, ch. 243, § 6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-19A-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-7 - Mislabeling.

No person shall knowingly aid or assist any other person in depositing or delivering into any tank, pump, receptacle or other container or distributing device any petroleum product other than the petroleum product that is intended to be stored in the tank, pump, receptacle or other container or distributing device as indicated by the name of the manufacturer or distributor or by the trademark, trade name or other distinguishing mark of the product displayed on the tank, pump, receptacle or other container or distributing device. History: Laws 1991, ch. 243, § 7.
NM Stat § 57-19A-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-8 - Private remedies.

A. A person damaged by a violation of the provisions of the Petroleum Products Fair Trade Practices Act may be granted an injunction under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required. B. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state. History: Laws 1991, ch. 243, § 8.
NM Stat § 57-19A-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 19A - Petroleum Products Fair Trade Practices|Section 57-19A-9 - Construction.

The Petroleum Products Fair Trade Practices Act neither enlarges nor diminishes the rights of parties in private litigation. History: Laws 1991, ch. 243, § 9.
NM Stat § 57-20-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 20 - Beverage Containers|Section 57-20-1 - Short title.

This act [57-20-1 to 57-20-3 NMSA 1978] may be cited as the "Beverage Container Act". History: Laws 1981, ch. 289, § 1.
NM Stat § 57-20-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 20 - Beverage Containers|Section 57-20-2 - Definitions.

As used in the Beverage Container Act: A. "beverage" means beer or other malt beverages, fruit juice, vegetable juice and mineral waters, soda water and similar carbonated soft drinks, in liquid form and intended for human consumption; and B. "beverage container" means the individual, separate, metal can containing a beverage. History: Laws 1981, ch. 289, § 2.
NM Stat § 57-20-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 20 - Beverage Containers|Section 57-20-3 - Metal beverage containers; pull tabs; penalty.

A. On and after January 1, 1983, it is unlawful for any person to sell or offer for sale at retail within New Mexico any metal beverage container designed and constructed with a metal opening device that detaches from the container when the container is opened in a manner normally used to empty the contents of the container. B. Any person violating the provisions of Subsection A of this section is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) provided, however, that no penalty shall be imposed on a retailer who sells or offers to sell any beverage container acquired by the retailer prior to January 1, 1983. History: Laws 1981, ch. 289, § 3.
NM Stat § 57-21-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 21 - Advertisement of Health Care Services|Section 57-21-1 - Purpose of act.

The purpose of this act [57-21-1 to 57-21-3 NMSA 1978] is to protect the health and welfare of the people of New Mexico. History: Laws 1983, ch. 79, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 141 to 143. 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 55, 56.
NM Stat § 57-21-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 21 - Advertisement of Health Care Services|Section 57-21-2 - Definition.

As used in this act [57-21-1 to 57-21-3 NMSA 1978], "health care practitioner" means anyone licensed or certified to provide health care services in this state and includes but is not limited to nurses, physicians, dentists, osteopaths, chiropractors, optometrists, podiatrists, acupuncturists, psychiatrists, psychologists and physical therapists; provided that "health care practitioner" shall not include anyone licensed to provide health care services in this state who employs ten or more physicians. History: Laws 1983, ch. 79, § 2.
NM Stat § 57-21-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 21 - Advertisement of Health Care Services|Section 57-21-3 - Advertising requirements; penalty.

A. Any health care practitioner advertising services to the public shall state in the advertisement his name, address or telephone number and the designation of the profession in which he is licensed or certified to practice. B. Anyone violating the provisions of Subsection A of this section is guilty of a misdemeanor. History: Laws 1983, ch. 79, § 3.
NM Stat § 57-22-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-1 - Short title.

Chapter 57, Article 22 NMSA 1978 may be cited as the "Charitable Solicitations Act". History: Laws 1983, ch. 140, § 1; 1999, ch. 124, § 1. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Chapter 57, Article 22 NMSA 1978" for "This act", and deleted "Organizations and" preceding "Solicitations Act". Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Peddlers, Solicitors, and Transient Dealers §§ 21, 23, 26 et seq. Validity, as for a charitable purpose, of trust for publication or distribution of particular books or writings, 34 A.L.R.4th 419. Lack of consideration as barring enforcement of promise to make charitable contribution or subscription - modern cases, 86 A.L.R.4th 241.
NM Stat § 57-22-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-2 - Purpose.

The purpose of the Charitable Solicitations Act is to authorize the attorney general to monitor, supervise and enforce the charitable purposes of charitable organizations and regulate professional fundraisers operating in this state. History: Laws 1983, ch. 140, § 2; 1999, ch. 124, § 2. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, deleted the introductory language which read "Whereas charitable organizations which have been granted tax exempt status are required to serve the public interest", deleted "Organizations and" preceding "Solicitations Act", deleted "those" following "purposes of", and inserted "and regulate professional fundraisers". Role of attorney general. — The attorney general is not limited to regulating professional fund raisers; it is also authorized to monitor, supervise, and enforce charitable purposes of charitable organizations. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679. The Coulston foundation is subject to Charitable Solicitations Act. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679. Federal law does not preempt operation of Act against the foundation. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679. Where the foundation does not point to any language in any federal statute expressly displacing the Charitable Solicitations Act, and the foundation has failed to demonstrate Congress' intent to preempt the field covered by the act, the foundation's argument that the act does not apply to it is rejected and the district court had subject matter jurisdiction to enforce the civil investigative demands. The Coulston Found. v. Madrid, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
NM Stat § 57-22-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-4 - Application of act.

A. The Charitable Solicitations Act shall not apply to a religious organization, even if it is a charitable organization. B. Exempt from the registration and reporting requirements of the Charitable Solicitations Act are: (1) educational institutions and organizations defined in Section 6-5A-1 NMSA 1978; and (2) persons soliciting for an individual or group that has suffered a medical or other catastrophe and: (a) the individual or group is identified by name at the time of the solicitation; (b) the purpose for the solicited contribution is clearly stated; and (c) the gross contributions collected, without any deductions for or by the solicitor or any other person, are deposited directly to an account in the name of the individual or group in a local federally insured financial institution established for that sole purpose and solely used for the direct benefit of the named individual or group as beneficiary. C. The Charitable Solicitations Act shall apply to charitable organizations and professional fundraisers. History: Laws 1983, ch. 140, § 4; 1999, ch. 124, § 4. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 57-22-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-5 - Attorney general to maintain register of charitable organizations as public record.

The attorney general shall establish and maintain a register of all documents filed by charitable organizations in accordance with the Charitable Solicitations Act. The register shall be open to public inspection except that the attorney general may withhold from public inspection documents or information obtained in the course of an investigation undertaken pursuant to the provisions of that act or that otherwise may be withheld from public inspection by law. History: Laws 1983, ch. 140, § 5; 1999, ch. 124, § 5. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, in the first sentence, deleted "Organizations and" preceding "Solicitations Act" and, in the second sentence, substituted "that" for "which" preceding "otherwise may be withheld".
NM Stat § 57-22-6.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-6.1 - Professional fundraisers; registration.

A. Professional fundraisers shall, before entering into a contract with any charitable organization, except a religious organization, to solicit for or on its behalf: (1) register with the attorney general on a form provided by the attorney general; (2) file with the attorney general a surety bond pursuant to the Charitable Solicitations Act; and (3) file with the attorney general a copy of the intended written contract between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign. B. The contract between the professional fundraiser and the charitable organization shall clearly describe the: (1) compensation and authority of the professional fundraiser; (2) solicitation campaign; (3) location and telephone numbers from where solicitations are intended to be conducted; (4) list of names and addresses of all employees, agents or other persons who are to solicit during the campaign; and (5) copies of the solicitation literature, including scripts of any written or verbal solicitation. C. The charitable organization on whose behalf the professional fundraiser is acting shall certify that the contract and solicitation materials filed with the attorney general are true and complete. D. Within ten business days after receiving a registration pursuant to this section, the attorney general shall notify the professional fundraiser of any deficiencies in the registration, contract or bond; otherwise the filing is deemed approved as filed. E. A professional fundraiser who fails to register with the attorney general may be assessed a late registration fee of five hundred dollars ($500). History: Laws 1999, ch. 124, § 12. ANNOTATIONSEffective dates. — Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 12 effective July 1, 1999.
NM Stat § 57-22-6.2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 22 - Charitable Solicitations|Section 57-22-6.2 - Professional fundraisers; bond.

A professional fundraiser shall file a surety bond at the time of the registration with the attorney general in an amount and on a form provided by the attorney general. The professional fundraiser shall maintain the surety bond, or alternative financial assurances approved by the attorney general, as long as the professional fundraiser solicits in the state. History: Laws 1999, ch. 124, § 13. ANNOTATIONSEffective dates. — Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 13 effective July 1, 1999.