Chapter 57 — Chapter 57

History: 1953 Comp., § 65-6-25, enacted by Laws 1973, ch. 117, § 7; 1977, ch. 71, § 6; 1979, ch. 171, § 1; repealed by Laws 1993, ch. 98, § 14.

History: 1953 Comp., § 65-6-26, enacted by Laws 1973, ch. 117, § 8; repealed by Laws 1993, ch. 98, § 14.

History: 1953 Comp., § 65-6-27, enacted by Laws 1973, ch. 117, § 9; repealed by Laws 1993, ch. 98, § 14.

No supplier of gasoline shall prohibit or prevent a wholesaler or retailer of gasoline from selling oxygenated fuels at a location owned by the wholesaler or retailer, provided that: A. a wholesaler or retailer shall not represent any oxygenated fuel as the branded product of the…

ANNOTATIONS Repeals. — Laws 1993, ch. 98, § 14 repealed 57-19-24 NMSA 1978, as enacted by Laws 1987, ch. 91, § 2, relating to injunctions, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

This act [57-19-25 to 57-19-37 NMSA 1978] may be cited as the "Petroleum Products Standards Act". History: Laws 1993, ch. 98, § 1.

It is the purpose of the Petroleum Products Standards Act to guarantee adequate quality and quantity standards for petroleum products through a strong and comprehensive program involving inspection, sampling, testing and enforcement measures. History: Laws 1993, ch. 98, § 2.

As used in the Petroleum Products Standards Act: A. "biodiesel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and that meets American society for testing and materials specification for biodi…

A. The board is responsible for the administration and enforcement of the provisions of the Petroleum Products Standards Act. The board shall adopt rules and regulations necessary to administer and enforce the provisions of that act. The board shall provide public notice and allo…

A. Unless modified by regulation of the board, the quality standards, tests and methods of conducting analyses on petroleum products manufactured, kept, stored, sold or offered for sale in New Mexico shall be those last adopted and published by the American society for testing an…

History: Laws 1937, ch. 102, § 3; 1941 Comp., § 69-503; 1953 Comp., § 65-6-3; repealed by Laws 1993, ch. 98, § 14.

A. The director shall inspect all equipment used commercially in measuring or dispensing petroleum products in the state. The director shall ascertain that all such equipment is correct and accurate. The specifications, tolerances and other requirements for equipment used commerc…

measures. A. The director shall establish calibration stations to inspect, measure and calibrate the capacity of a vehicle tank used as a measure to deliver petroleum products in New Mexico. The director shall determine where to locate the stations. B. The owner or operator of a …

A. No person shall sell, offer for sale or permit the sale of any petroleum product unless there is firmly attached or painted on the container or dispenser from which the petroleum product is offered for sale a sign or label stating the grade or type of product being offered for…

No person shall store, sell, offer or advertise for sale a petroleum product that may deceive, tends to deceive or has the effect of deceiving the purchaser of that product about the composition, grade, quantity or price of the product or that the product meets the standards pres…

The board may authorize the director to establish and publish a schedule of fees to recover the cost of services performed by the director at the request of a person or firm. History: Laws 1993, ch. 98, § 10.

All money collected pursuant to the provisions of the Petroleum Products Standards Act shall be deposited with the board of regents of New Mexico state university for use by the department in carrying out the provisions of that act. History: Laws 1993, ch. 98, § 11.

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 pet…

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 …

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…

History: Laws 1937, ch. 102, § 4; 1941 Comp., § 69-504; 1953 Comp., § 65-6-4; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 5; 1941 Comp., § 69-505; 1953 Comp., § 65-6-5; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 6; 1941 Comp., § 69-506; 1953 Comp., § 65-6-6; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 7; 1941 Comp., § 69-507; 1953 Comp., § 65-6-7; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 8; 1941 Comp., § 69-508; Laws 1949, ch. 119, § 1; 1953 Comp., § 65-6-8; Laws 1959, ch. 302, § 2; repealed by Laws 1993, ch. 98, § 14.

History: Laws 1937, ch. 102, § 9; 1941 Comp., § 69-509; Laws 1949, ch. 119, § 2; 1953 Comp., § 65-6-9; Laws 1959, ch. 302, § 3; repealed by Laws 1993, ch. 98, § 14.

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.

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, l…

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 s…

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…

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 distinguishi…

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 adult…

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 oth…

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 …

The Petroleum Products Fair Trade Practices Act neither enlarges nor diminishes the rights of parties in private litigation. History: Laws 1991, ch. 243, § 9. ARTICLE 20 Beverage Containers

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.

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 indivi…

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 normall…

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.

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, a…

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 …

Chapter 57, Article 22 NMSA 1978 may be cited as the "Charitable Solicitations Act". History: Laws 1983, ch. 140, § 1; 1999, ch. 124, § 1.

All officers, directors, managers, trustees, professional fundraisers, professional fundraising counsel or other persons having access to the money of a charitable organization intended for use for charitable purposes shall be held to the standard of care defined for fiduciary tr…

Every officer, agency, board or commission of this state, or political subdivision of this state receiving applications for exemption from taxation shall provide to the attorney general copies of all the applications, supporting documents and official responses. History: Laws 198…

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. 12…

As used in the Charitable Solicitations Act: A. "charitable organization" means any entity that has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the Internal Revenue C…

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 …

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 ma…

A. A charitable organization existing, operating or soliciting in the state, unless exempted by Section 57-22-4 NMSA 1978, shall register with the attorney general on a form provided by the attorney general; correct any deficiencies in its registration upon notice of deficiencies…

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 gen…