New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY › Section 12.2.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Advertisement"
				means any statement, offer, sales presentation or representation, whether oral
				or written, regardless of medium or form, concerning or related to any good
				offered for sale or lease, including, but not limited to, any statement or
				representation contained on any label, tag or sign, or in any catalog or other
				printed material, or whether through any electronic transmission or medium,
				including, but not limited to, television, radio, facsimile or electronic data
				transmission over a modem or electronic mail, the purpose of which is to
				promote, describe or characterize the good in order to induce the public to buy
				or lease it, or otherwise to give consideration to the offer for the
				good.
B. "Clearly and
				conspicuously" means that the statement, representation or term being disclosed
				is reasonably understandable, is in such size, color contrast or audibility, is
				so placed and represented as to be readily noticeable, is in close proximity to
				the information it modifies, and, where applicable, is of a sufficient duration
				as to be reasonably understandable.
C. "Comparable good" means a good that is
				substantially identical in composition, style, design, model, kind, variety,
				service or performance characteristics to the good to which it is compared in
				any advertisement.
D. "Good" means
				any item or article of jewelry, including, but not limited to, necklaces,
				earrings, bracelets, pendants, broaches, rings and pins. "Good" means also any
				Native American or southwestern style art or craft object or article,
				including, but not limited to, kachinas, fetishes, pottery and drums, whether
				or not the object or article is "Indian handmade" or "Indian crafted", as
				defined by New Mexico Indian Arts and Crafts Sales Act, Section
				30-33-4
				NMSA 1978.
E. "List price" means a
				price given to a retailer by a manufacturer, supplier or other non-retail
				distributor as a suggested retail price for the good and includes the term
				"manufacturer's suggested retail price".
F. "Native American jewelry and arts and
				crafts" means such goods meeting the criteria of of the Indian Arts and Crafts
				Sales Act, Section
				30-33-4
				NMSA 1978, for "Indian handmade" and "Indian crafted" and all other jewelry and
				arts and crafts which, although they do not qualify as "Indian handmade" or
				"Indian crafted", are made or manufactured to appear to be in the Native
				American style.
G. "Price
				comparison" means an express or implied comparison in any advertisement
				(whether or not expressed wholly or in part in dollars, cents, fractions or
				percentages) of a seller's current price for a good with any reference price,
				whether or not the price is actually stated in the advertisement.
H. "Reasonably substantial period of time"
				means 90 consecutive days.
I.
				"Reference price" means the price or other description of value of a good to
				which a seller compares its current price in an advertisement.
J. "Regular price" means the price at which a
				seller offered the good for a reasonably substantial period of time in the
				recent, regular course of its business, openly, actively and in good faith,
				with an intent to sell such good or product at that price.
K. "Seller" means any person who offers to
				sell, or sells, and in doing so disseminates advertisements for any good (as
				defined in Subsection D of 12.2.7.7 NMAC) in New Mexico, whether or not the
				sale of goods as defined herein is the seller's primary business. "Seller" may
				include any officer, agent, employee, sales person or representative of the
				seller, and any advertising agency employed by a seller.
L. "Trade area" means the geographic area
				where a seller's outlets are located.
M. "Wholesale" means the sale of goods to a
				retail merchant who intends to resell the merchandise to the public at a higher
				retail price.