reglab/housing_qa huggingface dataset:
NM Stat § 61-36-2 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 36 - Lactation Consultant Practice|Section 61-36-2 - Definitions.

As used in the Lactation Care Provider Act: A. "applicant" means an individual seeking a license to provide lactation care and services as a licensee pursuant to the Lactation Care Provider Act; B. "approved certification" means certification as a lactation care provider conferred by a certification program accredited by any nationally or internationally recognized accrediting agency that is approved by the board and that establishes continuing education requirements; C. "board" means the board of nursing; D. "lactation care and services" means the clinical application of scientific principles and a multidisciplinary body of evidence for the evaluation, problem identification, treatment, education and consultation for the provision of lactation care and services to families, including: (1) clinical lactation assessment through the systematic collection of subjective and objective data; (2) analysis of data and creation of a plan of care; (3) implementation of a lactation care plan with demonstration and instruction to parents and communication to primary health care providers; (4) evaluation of outcomes; (5) provision of lactation education to parents and health care providers; and (6) recommendation and use of assistive devices; E. "license" means a license to practice as a lactation care provider that the board issues pursuant to the Lactation Care Provider Act; F. "licensee" means a lactation care provider licensed as a licensed lactation care provider pursuant to the Lactation Care Provider Act; G. "member" means a member of the board; and H. "practice" means a course of business in which lactation care and services are rendered or offered to any individual, family or group of two or more individuals. History: Laws 2017, ch. 136, § 2. ANNOTATIONSEffective dates. — Laws 2017, ch. 136 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 61-36-3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 36 - Lactation Consultant Practice|Section 61-36-3 - Board powers.

The board may: A. enforce the provisions of the Lactation Care Provider Act and adopt and promulgate rules to execute the provisions of that act; B. license qualified applicants; C. discipline licensees; D. enforce qualification for licensure; E. establish standards for licensee competence for continuing in or returning to practice based on approved certification; F. issue orders relating to the practice of lactation care and services in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]; G. regulate licensee advertising and prohibit false, misleading or deceptive practices; H. establish a code of conduct for licensees; I. prepare information for the public that describes the regulatory functions of the board and the procedures by which complaints are filed with and resolved by the board; and J. appoint a lactation care provider advisory committee consisting of at least one member who is a board member and at least two members who are experts in lactation to assist in the performance of the board's duties. History: Laws 2017, ch. 136, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 136 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 61-36-4 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 36 - Lactation Consultant Practice|Section 61-36-4 - Licensure requirement; qualifications; exemptions from licensure.

A. An individual shall not use the title "licensed lactation care provider" unless that individual is a licensee. B. An applicant for a license as a licensee shall: (1) be at least eighteen years of age; (2) submit an application completed upon a form that the board prescribes and in accordance with board rules, accompanied by fees required by board rules; (3) possess current approved certification; and (4) assist the board in obtaining the applicant's criminal history background check by: (a) providing fingerprints on two fingerprint cards or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation or the department of public safety; and (b) paying the cost of obtaining the fingerprints and criminal history background checks. An applicant shall have the right to inspect or challenge the validity of the record development by the background check if the applicant is denied licensure as established by board rule. C. Nothing in the Lactation Care Provider Act shall be construed to affect or prevent the practice of lactation care and services by licensed care providers or other persons; provided that a person who is not a licensee shall not hold that person out or represent that person's self to be a licensed lactation care provider. History: Laws 2017, ch. 136, § 4. ANNOTATIONSEffective dates. — Laws 2017, ch. 136 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
NM Stat § 61-36-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 36 - Lactation Consultant Practice|Section 61-36-5 - License fees; term; renewal.

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall require each applicant for initial licensure or renewal of a license to pay a nonrefundable licensure fee that shall not exceed one hundred dollars ($100).B. A license shall expire biennially from the date of initial licensure. C. The board shall renew licenses only upon receipt of renewal of licensure fees and evidence of compliance with continuing education requirements.History: Laws 2017, ch. 136, § 5; 2020, ch. 6, § 61. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
NM Stat § 61-37-1 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-1 - Short title.

This act [61-37-1 to 61-37-25 NMSA 1978] may be cited as the "Tobacco Products Act".History: Laws 2020, ch. 46, § 1. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 1 effective January 1, 2021.
NM Stat § 61-37-3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|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.C. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, "nicotine liquid" does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.D. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors.History: Laws 2020, ch. 46, § 3. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 3 effective January 1, 2021.
NM Stat § 61-37-4 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|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 a term of one year;(2) distribution of tobacco products for a term of one year; and(3) retail sale of tobacco products for a term of one year.C. A license shall not be issued, retained, transferred or renewed pursuant to the Tobacco Products Act if any of the following conditions apply:(1) the applicant has had a manufacturer, distributor or retailer license revoked by the division or by another state;(2) the applicant is not in compliance with Subsection G of Section 7-12-9.1 NMSA 1978;(3) the location for the license or license transfer is within three hundred feet of a school; provided that this restriction does not apply to a location at which tobacco products have been lawfully manufactured, distributed or sold prior to July 1, 2020; or(4) the location for the license would result in a violation of a zoning or other ordinance of a governing body in which the proposed location would exist.History: Laws 2020, ch. 46, § 4. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 4 effective January 1, 2021.
NM Stat § 61-37-5 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|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) the name, telephone number, mailing address and email address of the applicant and:(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;(2) the address of the applicant's principal place of business and every location where the applicant manufactures tobacco products;(3) documentation as required by the division affirming that the applicant will comply with applicable and proper tobacco products manufacturing practices as required pursuant to 21 USCA Section 387d(a) and will comply with any applicable health directives issued by the department of health pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978];(4) documentation as required by the division affirming that the applicant will submit the applicable ingredient listing to the federal secretary of health and human services as required pursuant to 21 USCA Section 387d(a)(1); and(5) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.History: Laws 2020, ch. 46, § 5. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 5 effective January 1, 2021.
NM Stat § 61-37-6 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|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) the name, telephone number, mailing address and email address of the applicant and:(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;(2) the address of the applicant's principal place of business and every location from which the applicant distributes tobacco products; and(3) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.History: Laws 2020, ch. 46, § 6. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 6 effective January 1, 2021.
NM Stat § 61-37-7 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|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 the division and shall include:(1) the name, telephone number, mailing address and email address of the applicant and:(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;(2) the address of the applicant's principal place of business and every location where the applicant sells tobacco products; and(3) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.History: Laws 2020, ch. 46, § 7. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 7 effective January 1, 2021.
NM Stat § 61-37-8 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-8 - License application information changes.

If the information submitted in an application pursuant to the Tobacco Products Act for a license or for a license renewal changes, the licensee shall notify the division within ten business days of the change. If a change in the information required for an application results in a violation of the Tobacco Products Act, the director may impose an administrative penalty as provided in that act.History: Laws 2020, ch. 46, § 8. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 8 effective January 1, 2021.
NM Stat § 61-37-9 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-9 - Issuance of licenses; reasons for denial.

A. Beginning January 1, 2021, the division shall begin issuing licenses.B. The division shall grant or deny an application for a license or for a license renewal made pursuant to the Tobacco Products Act after the complete application is submitted to the division. The division shall approve the application for issuance of a license or for a license renewal if the division determines that the applicant meets the requirements of the Tobacco Products Act and the rules promulgated pursuant to that act.C. If a complete application for a license or for a license renewal is denied, the division shall state the reasons for the denial. The applicant may reapply within thirty days after the date of the denial. The division shall not charge a fee for a reapplication made within that period.History: Laws 2020, ch. 46, § 9. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 9 effective January 1, 2021.
NM Stat § 61-37-10 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-10 - License transfer; notice of changes.

A. A license issued pursuant to the Tobacco Products Act shall not be transferred from the licensee to another person.B. The transfer of a license from one location to another may be approved by the division, provided that the licensee shall submit an application for license location transfer to the division for review. The division shall allow the transfer unless any of the conditions provided in Sections 4 [61-37-4 NMSA 1978] and 9 [61-37-9 NMSA 1978] of the Tobacco Products Act apply.History: Laws 2020, ch. 46, § 10. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 10 effective January 1, 2021.
NM Stat § 61-37-11 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-11 - Tobacco products administration fund; created; purpose.

The "tobacco products administration fund" is created as a nonreverting fund in the state treasury. The fund consists of fees and administrative penalties collected by the division pursuant to the Tobacco Products Act, appropriations by the legislature, gifts, grants and donations. Money in the fund at the end of a fiscal year shall not revert to any other fund. The division shall administer the fund, and money in the fund is subject to appropriation by the legislature to the division for the administration of the Tobacco Products Act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing or the superintendent's authorized representative.History: Laws 2020, ch. 46, § 11. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 11 effective January 1, 2021.
NM Stat § 61-37-12 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-12 - Fees and administrative penalties retained by the division.

All fees and administrative penalties collected by the division pursuant to the Tobacco Products Act shall be deposited into the tobacco products administration fund.History: Laws 2020, ch. 46, § 12. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 12 effective January 1, 2021.
NM Stat § 61-37-13 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-13 - Hearing procedure.

If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensee is located. Hearings shall be open to the public. Subpoenas shall be issued and enforced in accordance with the provisions of Section 23 [61-37-23 NMSA 1978] of the Tobacco Products Act.History: Laws 2020, ch. 46, § 13. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 13 effective January 1, 2021.
NM Stat § 61-37-14 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-14 - Documentary evidence of age and identity.

A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products. B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure tobacco products in person shall be shown by a valid document that contains a picture of that person and is issued by a federal, state, county, municipal, tribal or foreign government, including a motor vehicle driver's license or an identification card.C. For each sale made through a delivery sales method, age verification shall be completed through an independent, third-party age verification service that establishes that a consumer is of legal age by comparing information available from public records to personal information entered by the consumer during the ordering process.D. A retailer may ship tobacco products only to a consumer whose age has been verified pursuant to Subsection C of this section.History: Laws 2020, ch. 46, § 14. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 14 effective January 1, 2021.
NM Stat § 61-37-15 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-15 - Vending machines; restrictions on sales of tobacco products.

A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products. B. Tobacco products may be sold by vending machines only in age-controlled locations where minors are not permitted.C. The sales and display of cigars may be allowed only in age-controlled locations where minors are not permitted.History: Laws 2020, ch. 46, § 15. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 15 effective January 1, 2021.
NM Stat § 61-37-16 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-16 - Distribution of tobacco products as free samples prohibited.

A. A person shall not provide free samples of tobacco products without the express written approval of the director.B. The provisions of Subsection A of this section shall not apply to an individual who provides free samples of tobacco products, e-cigarettes or nicotine liquid containers in connection with the practice of cultural or ceremonial activities in accordance with the federal American Indian Religious Freedom Act or its successor act.History: Laws 2020, ch. 46, § 16. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 16 effective January 1, 2021.
NM Stat § 61-37-17 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 37 - Tobacco Products|Section 61-37-17 - Signs; point of sale.

A retailer 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:"IT IS ILLEGAL FOR A PERSON UNDER 21 YEARS OF AGE TO PURCHASE TOBACCO PRODUCTS.".History: Laws 2020, ch. 46, § 17. ANNOTATIONSEffective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 17 effective January 1, 2021.