reglab/housing_qa huggingface dataset:
NM Stat § 57-2A-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-3 - Prohibited conduct.

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, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States, including labels that state: "for export only", "U.S. tax exempt", "for use outside U.S." or similar wording; or (b) does not comply with: 1) all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged or imported for sale, distribution or use in the United States, including the precise warning labels specified in 15 USCA 1333; and 2) all federal trademark and copyright laws; (2) cigarettes imported into the United States on or after January 1, 2000 in violation of 26 USCA 5754, any other federal law or federal implementing regulations; (3) cigarettes that the person acting in regard thereto otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed or used in the United States; or (4) cigarettes for which there has not been submitted to the secretary of the United States department of health and human services the list or lists of the ingredients added to tobacco in the manufacture of those cigarettes as required by 15 USCA 1335A; B. alter the package of any cigarettes prior to sale or distribution to the ultimate consumer by removing, concealing or obscuring: (1) a statement, label, stamp, sticker or notice described in Subparagraph (a) of Paragraph (1) of Subsection A of this section; or (2) a health warning that is not specified in, or does not conform with the requirements of, 15 USCA 1333; or C. affix a stamp required pursuant to the Cigarette Tax Act [7-12-1 NMSA 1978] to a package of cigarettes described in Subsection A of this section or altered in violation of Subsection B of this section. History: Laws 2000, ch. 77, § 3. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-5 - Violation of act constitutes an unfair trade practice.

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. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-6 - Unfair cigarette sales.

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 or distribution in the United States is presumed to have been purchased outside of the ordinary channels of trade. History: Laws 2000, ch. 77, § 6. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-7 - Criminal penalties for violation.

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 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. History: Laws 2000, ch. 77, § 7. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-8 - Administrative penalties for violation.

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 with the Tax Administration Act [7-1-1 NMSA 1978]. B. Cigarettes acquired, held, owned, possessed, transported in, imported into or sold or distributed in this state in violation of the Cigarette Enforcement Act are contraband and are subject to seizure, forfeiture and destruction by the department or a law enforcement agency. History: Laws 2000, ch. 77, § 8. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-9 - Applicability.

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 sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 USCA 1555(b) and implementing regulations, but if the cigarettes are brought back in customs territory for resale within the customs territory, the provisions of that act apply. History: Laws 2000, ch. 77, § 9. ANNOTATIONSEffective dates. — Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
NM Stat § 57-2A-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2A - Cigarette Enforcement|Section 57-2A-10 - General provisions.

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 general may request information from any state or local agency, and may share information with, and request information from, any federal agency and any agency of any other state or any local agency thereof. C. In addition to any other remedy provided by law, including enforcement as provided in Subsection A of this section, any person may bring an action for appropriate injunctive or other equitable relief for a violation of the Cigarette Enforcement Act; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of the complaint, taxable costs and reasonable attorney fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of three times the actual damages sustained by reason of the violation. History: Laws 2000, ch. 77, § 10; 2009, ch. 197, § 24. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection A, after "enforced by the department", added "and the attorney general"; and in Subsection B, after "the department", added "or the attorney general".
NM Stat § 57-2B-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-1 - Short title.

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. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 1 effective January 1, 2010.
NM Stat § 57-2B-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-2 - Definitions.

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 wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in Paragraph (1) of this subsection; C. "manufacturer" means: (1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced that are intended to be sold in New Mexico, including cigarettes intended to be sold in New Mexico through an importer; or (2) any entity that becomes a successor of an entity described in Paragraph (1) of this subsection; D. "quality control and assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing and that the testing repeatability remains within the required repeatability values in Subsection C of Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act for all test trials used to certify cigarettes under that act; E. "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time; F. "retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products; G. "sale" or "sell" means a transfer of or an offer or agreement to transfer title or possession by exchange, barter or any other means. In addition to cash and credit sales, giving cigarettes as samples, prizes or gifts and exchanging cigarettes for any consideration other than money is a "sale"; and H. "wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines on premises owned or occupied by another person. History: Laws 2009, ch. 265, § 2. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 2 effective January 1, 2010.
NM Stat § 57-2B-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-4 - Certification and product change.

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 certification shall be described with the following information: (1) the brand or the trade name on the package; (2) the style, such as light or ultralight; (3) the length in millimeters; (4) the circumference in millimeters; (5) the flavor, such as menthol or chocolate, if applicable; (6) whether the cigarette has a filter or is a nonfilter cigarette; (7) the package description, such as soft pack or box; (8) the marking pursuant to Section 5 [57-2B-5 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act; (9) the name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and (10) the date that the testing occurred. C. The state fire marshal shall verify that the manufacture's certifications have been received by the state fire marshal and shall make the verified certifications available to the attorney general for purposes consistent with the Fire-Safer Cigarette and Firefighter Protection Act and to the taxation and revenue department for the purposes of ensuring compliance with this section. D. Each cigarette certified under this section shall be recertified every three years. E. For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a fee of two hundred fifty dollars ($250). The state fire marshal may adjust the amount of the fee by rule on an annual basis as necessary to defray the costs of processing, testing, enforcement and oversight activities required by the Fire-Safer Cigarette and Firefighter Protection Act, but in no case shall the fee exceed four hundred dollars ($400). The state fire marshal may establish the amount of the fee by rule on an annual basis. F. If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by the Fire-Safer Cigarette and Firefighter Protection Act, that cigarette shall not be sold or offered for sale in New Mexico until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 3 of that act and maintains records of that retesting as required by Section 3 of that act. Any altered cigarette that does not meet the performance standard set forth in Section 3 of that act shall not be sold in New Mexico. History: Laws 2009, ch. 265, § 4. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 4 effective January 1, 2010.
NM Stat § 57-2B-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-5 - Marking of cigarette packaging.

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 embossed on the package at or near the universal product code. B. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including packs, cartons and cases, and for brands marketed by that manufacturer. C. A manufacturer certifying cigarettes in accordance with Section 4 [57-2B-4 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act shall provide a copy of the certifications to all wholesale dealers and agents to which it sells cigarettes. Wholesale dealers, agents and retail dealers shall permit the state fire marshal, the taxation and revenue department and the attorney general to inspect markings of cigarette packaging marked in accordance with this section. History: Laws 2009, ch. 265, § 5. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 5 effective January 1, 2010.
NM Stat § 57-2B-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-7 - Implementation.

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 course of conducting inspections of wholesale dealers, agents and retail dealers, pursuant to the Cigarette Tax Act [7-12-1 NMSA 1978], may inspect cigarettes to determine if the cigarettes are marked as required by Section 5 [57-2B-5 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act. If the cigarettes are not marked as required, the taxation and revenue department shall notify the state fire marshal. History: Laws 2009, ch. 265, § 7. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made the provisions of Laws 2009, ch. 265, § 7 effective June 19, 2009.
NM Stat § 57-2B-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-8 - Inspection.

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 are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of premises where cigarettes are placed, sold or offered for sale is hereby directed and required to give the attorney general, the taxation and revenue department and the state fire marshal and other law enforcement personnel the means, facilities and opportunity for the examinations authorized by this section. History: Laws 2009, ch. 265, § 8. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 8 effective January 1, 2010.
NM Stat § 57-2B-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-9 - Fire-Safer Cigarette and Firefighter Protection Act fund.

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 [57-2B-6 NMSA 1978] of that act. Money in the fund shall not revert to any other fund at the end of a fiscal year. Money in the fund is appropriated to the state fire marshal to enforce the Fire-Safer Cigarette and Firefighter Protection Act and to support fire safety and prevention programs and shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the state fire marshal or the state fire marshal's authorized representative. History: Laws 2009, ch. 265, § 9. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 9 effective January 1, 2010.
NM Stat § 57-2B-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-10 - Sale outside of New Mexico.

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 sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in New Mexico. History: Laws 2009, ch. 265, § 10. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 10 effective January 1, 2010.
NM Stat § 57-2B-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-11 - Contingent repeal.

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. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 11 effective January 1, 2010.
NM Stat § 57-2B-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2B - Fire-Safer Cigarette and Firefighter Protection|Section 57-2B-12 - State preemption.

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 policy of the state of New Mexico implemented in accordance with that act, and, notwithstanding any other provision of law, a governmental unit of the state of New Mexico shall not enact or enforce an ordinance, local law or regulation conflicting with or preempted by that act. History: Laws 2009, ch. 265, § 12. ANNOTATIONSEffective dates. — Laws 2009, ch. 265, § 13 made Laws 2009, ch. 265, § 12 effective June 19, 2009.
NM Stat § 57-2C-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 2C - Nicotine Liquid|Section 57-2C-1 - Child-resistant packaging for nicotine liquid.

A. No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant. B. The attorney general may institute a civil action in district court for a violation of the provisions of this section or to prevent a violation of the provisions of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty not to exceed one thousand dollars ($1,000) for each violation. C. As used in this section: (1) "child-resistant" means a package or container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean a package or container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time; (2) "electronic delivery device" means any electronic device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine, the use or inhalation of which simulates smoking; and (3) "nicotine liquid container": (a) means a bottle or container of a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic delivery device; but (b) does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed or intended for use in a cartridge that is sold, marketed or intended for use in an electronic delivery device; provided that such cartridge is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer. History: Laws 2015, ch. 76, § 1. ANNOTATIONSEffective dates. — Laws 2015, ch. 76 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.