45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO SALE OF TOBACCO PRODUCTS; PREVENTING YOUTH ACCESS TO TOBACCO PRODUCTS BY PROHIBITING SELF-SERVICE DISPLAYS AND REQUIRING DIRECT, FACE-TO-FACE SALES OF TOBACCO PRODUCTS; LIMITING VENDING MACHINE SALES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-49-7 NMSA 1978 (being Laws 1993, Chapter 244, Section 7) is amended to read:

"30-49-7. [VENDING MACHINES] RESTRICTIONS ON SALES OF TOBACCO PRODUCTS--PROHIBITING SELF-SERVICE DISPLAYS--LIMITING VENDING MACHINES.--

A. Except as provided in Subsection B of this section:

(1) no person shall sell tobacco products at retail by any means other than a direct, face-to-face exchange between the customer and the seller or the seller's employee; and

(2) no person selling goods at retail shall use a self-service display for tobacco products. For purposes of this subsection, "self-service display" means a display to which the public has access without the assistance of the seller or seller's employee.

[A.] B. Tobacco products may be sold by vending machines or from other self-service displays in the following locations only:

(1) in locations not held open to the public, including controlled areas within factories, businesses and offices; or

(2) in age-controlled locations where minors are not permitted unless accompanied by a parent or guardian [or

(3) in locations where alcoholic beverages are offered for sale for the purpose of consumption on the premises]."