1,113 sections in this chapter.
NMSA 1978, § 61-37-20 Monitored compliance; inspections
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The alcoholic beverage control division of the regulation and licensing department, the department of public safety and the appropriate law enforcement authorities in each county and municipality may conduct random, unannounced inspections of facilities where tobacco products are…
NMSA 1978, § 61-37-21 Authority of department of public safety
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A. The department of public safety has authority over all investigations and enforcement activities required under the Tobacco Products Act, except for those provisions relating to the issuance, denial, suspension or revocation and administrative sanctions of licenses unless its …
NMSA 1978, § 61-37-22 Authority of the division
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A. The division has the authority over all matters relating to the issuance, denial, suspension, revocation and other administrative penalties or transfer of licenses under the Tobacco Products Act. The director may request the department of public safety to provide investigatory…
NMSA 1978, § 61-37-23 Administrative authority and powers
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A. For the purpose of administering the licensing provisions of the Tobacco Products Act, the director is authorized to examine and to require the production of any pertinent records, books, information or evidence, to require the presence of any person and to require that person…
NMSA 1978, § 61-37-24 Preemption
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When a municipality or county, including a home rule municipality or an urban county, adopts an ordinance, charter amendment or regulation pertaining to the sales of tobacco products, the ordinance, charter amendment or regulation shall be consistent with the provisions of the To…
NMSA 1978, § 61-37-25 Applicability
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The provisions of the Tobacco Products Act do not apply to the lawful purchase or use by a minor of a tobacco-cessation product approved by the federal food and drug administration. History: Laws 2020, ch. 46, § 25.
NMSA 1978, § 61-37-3 Prohibited sales; manufacturing; labeling; marketing;
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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 packa…
NMSA 1978, § 61-37-4 Division; license issuance; manufacture, distribution or
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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 shal…
NMSA 1978, § 61-37-5 Manufacturer license requirements; application and
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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…
NMSA 1978, § 61-37-6 Distributor license requirements; application and renewal
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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 s…
NMSA 1978, § 61-37-7 Retailer license requirements; application and renewal
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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 li…
NMSA 1978, § 61-37-8 License application information changes
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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…
NMSA 1978, § 61-37-9 Issuance of licenses; reasons for denial
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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 s…