HOUSE BILL 552
54th legislature - STATE OF NEW MEXICO - first session, 2019
INTRODUCED BY
Patricio Ruiloba
AN ACT
RELATING TO NICOTINE LIQUID; ENACTING THE E-CIGARETTE AND NICOTINE LIQUID ACT; RAISING THE AGE OF SALES; PROVIDING LICENSURE REQUIREMENTS FOR E-CIGARETTE AND NICOTINE LIQUID RETAILERS, MANUFACTURERS AND DISTRIBUTORS; PRESCRIBING DUTIES TO THE REGULATION AND LICENSING DEPARTMENT WITH RESPECT TO THOSE LICENSES; PROHIBITING CERTAIN ACTS PERTAINING TO THE MANUFACTURE, SALE OR DISTRIBUTION OF E-CIGARETTE AND NICOTINE LIQUID; PROVIDING FOR INSPECTIONS; ESTABLISHING FEES; CHANGING THE NAME OF THE TOBACCO PRODUCTS, E-CIGARETTE AND NICOTINE LIQUID CONTAINER ACT TO THE TOBACCO PRODUCTS ACT; REMOVING REFERENCES TO E-CIGARETTES AND NICOTINE LIQUID CONTAINERS FROM THE TOBACCO PRODUCTS ACT; PROVIDING ADMINISTRATIVE AND CRIMINAL PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 25 of this act may be cited as the "E-Cigarette and Nicotine Liquid Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the E-Cigarette and Nicotine Liquid Act:
A. "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;
B. "delivery sale" means a sale of e-cigarettes or nicotine liquid to a consumer in New Mexico in which:
(1) the consumer submits an order for the sale by telephone, over the internet or through the mail or another delivery system; and
(2) the e-cigarette or nicotine liquid is shipped through a delivery system;
C. "delivery service" means a person, including the United States postal service, that is engaged in the delivery of letters, packages or containers;
D. "department" means the regulation and licensing department;
E. "distributor" means a person licensed pursuant to the E-Cigarette and Nicotine Liquid Act to sell or distribute e-cigarettes or nicotine liquid in New Mexico, but does not include:
(1) a retailer;
(2) a manufacturer; or
(3) a common or contract carrier transporting e-cigarettes or nicotine liquid pursuant to a bill of lading or freight bill, or a person who ships e-cigarettes or nicotine liquid through the state by a common or contract carrier pursuant to a bill of lading or freight bill;
F. "e-cigarette":
(1) means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and
(2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor; but
(3) does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq.;
G. "electronic nicotine delivery system" means an 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;
H. "flavoring" means a food grade additive or synthetic flavoring substance that is used to add flavor and that is not prohibited by the United States food and drug administration as an additive in nicotine liquid;
I. "knowingly attractive to minors" means packaging or labeling that contains:
(1) a cartoon-like character that mimics characters primarily aimed at entertaining minors;
(2) imitates or mimics trademarks or trade dress of products that are or have been primarily marketed toward minors; or
(3) a symbol or celebrity image that is primarily used to market products to minors;
J. "licensee" means a holder of a license granted pursuant to the E-Cigarette and Nicotine Liquid Act;
K. "manufacturer" means a person that manufactures, fabricates, assembles, processes or labels e-cigarettes or nicotine liquid or imports from outside the United States, directly or indirectly, a product for sale or distribution in the United States;
L. "minor" means an individual who is younger than twenty-one years of age;
M. "nicotine liquid" 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 nicotine delivery system;
N. "retailer" means a person, whether located within or outside of New Mexico, that sells e-cigarettes or nicotine liquid at retail to a consumer in New Mexico; provided that the sale is not for resale; and
O. "self-service display" means a display to which the public has access without the assistance of a retailer or the retailer's employee.
SECTION 3. [NEW MATERIAL] DEPARTMENT--LICENSE ISSUANCE--MANUFACTURE, DISTRIBUTION OR SALE OF E-CIGARETTES OR NICOTINE LIQUID.--
A. The department shall issue licenses for the manufacture, distribution or sale of e-cigarettes or nicotine liquid in New Mexico.
B. The department shall issue or renew a:
(1) license for the manufacture of e-cigarettes or nicotine liquid for a term not to exceed five years; and
(2) license for the distribution or retail sale of e-cigarettes or nicotine liquid for a term not to exceed one year.
SECTION 4. [NEW MATERIAL] MANUFACTURER LICENSE REQUIREMENTS--APPLICATION AND RENEWAL REQUIREMENTS--FEES.--
A. A person shall not manufacture e-cigarettes or nicotine liquid in the state without a manufacturer license issued by the department to that person or that person's employer.
B. An application for a manufacturer license or manufacturer license renewal shall be submitted on a form prescribed by the department and include:
(1) the name, telephone number and address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members; or
(b) if the applicant is a corporation, the name and address of each of its officers;
(2) the address of the applicant's principal place of business and every location where the applicant's business is conducted;
(3) documentation that the applicant will comply with applicable tobacco products good manufacturing practice requirements pursuant to 21 USCA Section 387f(e);
(4) documentation that the applicant will submit the applicable ingredient listing to the federal secretary of health and human services as required pursuant to 21 USCA Section 387d(a)(1);
(5) a nonrefundable fee of one thousand dollars ($1,000); and
(6) any other information the department may require.
SECTION 5. [NEW MATERIAL] DISTRIBUTOR LICENSE REQUIREMENTS--APPLICATION AND RENEWAL REQUIREMENTS--FEES.--
A. A person shall not distribute e-cigarettes or nicotine liquid in the state without a distributor license issued by the department to that person or that person's employer.
B. An application for a distributor license shall be submitted on a form prescribed by the department and include:
(1) the name, telephone number and address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members; or
(b) if the applicant is a corporation, the name and address of each of its officers;
(2) the address of the applicant's principal place of business and every location where the applicant's business is conducted;
(3) written consent allowing the New Mexico state police division of the department of public safety to conduct a criminal history background check on any person listed on the application;
(4) a nonrefundable fee of five hundred dollars ($500); and
(5) any other information the department may require.
SECTION 6. [NEW MATERIAL] RETAILER LICENSE REQUIREMENTS--APPLICATION AND RENEWAL REQUIREMENTS--FEES.--
A. A person shall not sell e-cigarettes or nicotine liquid in the state without a retail license issued by the department to that person or that person's employer.
B. An application for a retail license or for a retail license renewal shall be submitted on a form prescribed by the department and include:
(1) the name, telephone number and address of the applicant and:
(a) if the applicant is a firm, partnership or association, the name and address of each of its members; or
(b) if the applicant is a corporation, the name and address of each of its officers; and
(2) the address of the applicant's principal place of business.
SECTION 7. [NEW MATERIAL] ISSUANCE OF LICENSES--REASONS FOR DENIAL.--
A. The department shall grant or deny an application for a license or for a license renewal made pursuant to the E-Cigarette and Nicotine Liquid Act not later than sixty days after the complete application is filed. The department shall approve the application for issuance of a license or for a license renewal if the department determines that all of the requirements pursuant to the E-Cigarette and Nicotine Liquid Act have been met.
B. If a complete application for a license or for a license renewal is denied, the department shall state the reasons for the denial. The applicant may reapply within thirty days after the date of the denial. The department shall not charge a fee for a reapplication made within that period.
SECTION 8. [NEW MATERIAL] LICENSE TRANSFER--NOTICE OF CHANGES.--
A. A license issued pursuant to the E-Cigarette and Nicotine Liquid Act shall not be transferred:
(1) from the licensee to another person; or
(2) from the location where the license was approved or renewed to another location, unless approved by the department.
B. The department shall allow a license to be transferred from one location to another pursuant to Subsection A of this section if the license has not been suspended or revoked.
C. If the information submitted in an application pursuant to the E-Cigarette and Nicotine Liquid Act for a license or for a license renewal changes, the licensee shall notify the department within ten business days of the change. If a change in the information required for an application results in a violation of the E-Cigarette and Nicotine Liquid Act, the department may impose an administrative penalty as provided in that act.
SECTION 9. [NEW MATERIAL] RECORD REQUIREMENTS.--A licensee shall retain all invoices for at least two years. The invoices shall be subject to inspection by the department.
SECTION 10. [NEW MATERIAL] FEES AND ADMINISTRATIVE PENALTIES RETAINED BY THE DEPARTMENT.--Application fees and administrative penalties collected by the department pursuant to the E-Cigarette and Nicotine Liquid Act shall be retained by the department for the administration of that act.
SECTION 11. [NEW MATERIAL] MANUFACTURERS, DISTRIBUTORS AND RETAILERS--VIOLATIONS--LICENSE SUSPENSION OR REVOCATION.--The department may suspend or revoke a license of a licensee when the department finds that the licensee has violated any provision of the E-Cigarette and Nicotine Liquid Act.
SECTION 12. [NEW MATERIAL] HEARING PROCEDURE.--Before the revocation, suspension or fine is effective against a licensee, the licensee shall be entitled to a hearing pursuant to the procedures provided in the Uniform Licensing Act and within fifteen days from the date the licensee requests a hearing.
SECTION 13. [NEW MATERIAL] USE OF FLAVORING IN NICOTINE LIQUID.--
A. A licensed manufacturer may use flavoring as an ingredient in nicotine liquid.
B. A licensed distributor or licensed retailer may sell nicotine liquid containing flavors.
SECTION 14. [NEW MATERIAL] PROHIBITED SALES--MANUFACTURING--LABELING--MARKETING--SAFETY REQUIREMENTS.--
A. A person shall not knowingly sell, offer to sell, barter or give an e-cigarette or nicotine liquid to a minor.
B. A minor shall not procure, attempt to procure or possess an e-cigarette or nicotine liquid for the minor's own use or for use by another minor.
C. A manufacturer, retailer or distributor shall not sell or offer to sell nicotine liquid unless it is in a container that is child-resistant.
D. A manufacturer shall not produce and a distributor or retailer shall not sell an e-cigarette or nicotine liquid that is knowingly attractive to minors.
E. It is not a defense to any of the acts prohibited in this section that the person to whom the e-cigarette or nicotine liquid is sold or distributed did not use the e-cigarette or inhale or otherwise consume the nicotine liquid.
SECTION 15. [NEW MATERIAL] DOCUMENTARY EVIDENCE OF AGE AND IDENTITY--DEFENSE.--
A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing an e-cigarette or nicotine liquid.
B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure an e-cigarette or nicotine liquid may be shown by a document that contains a picture of the person and is issued by a federal, state, county or municipal government, including a motor vehicle driver's license or an identification card.
C. For each sale made through a delivery sales method, age verification shall be completed through an independent, third-party age verification service that establishes that a consumer is of legal age by comparing information available from public records to personal information entered by the consumer during the ordering process.
D. The following are defenses for a retailer or distributor accused of selling or distributing an e-cigarette or nicotine liquid to a person who is a minor:
(1) the consumer produced a driver's license or an identification card in accordance with Subsection B of this section indicating that the consumer was of legal age to make the purchase; and
(2) for a sale made through a delivery sales method, the retailer or distributor had an age verification completed in accordance with Subsection C of this section indicating that the consumer was of legal age to make the purchase.
SECTION 16. [NEW MATERIAL] PRESENTING FALSE EVIDENCE OF AGE OR IDENTITY.--A minor shall not present any written, printed or photostatic evidence of age or identity that is false for the purpose of procuring or attempting to procure an e-cigarette or nicotine liquid.
SECTION 17. [NEW MATERIAL] VENDING MACHINES--RESTRICTIONS ON SALES OF E-CIGARETTES AND NICOTINE LIQUID.--
A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for e-cigarettes or nicotine liquid.
B. E-cigarettes and nicotine liquid may be sold by vending machines only in age-controlled locations where minors are not permitted.
C. The provisions of this section do not apply to delivery sales of e-cigarettes or nicotine liquid that are in accordance with the E-Cigarette and Nicotine Liquid Act.
SECTION 18. [NEW MATERIAL] DISTRIBUTION OF E-CIGARETTES OR NICOTINE LIQUID AS FREE SAMPLES PROHIBITED.--A person shall not provide free samples of e-cigarettes or nicotine liquid to a minor.
SECTION 19. [NEW MATERIAL] SIGNS--POINT OF SALE.--A retailer shall prominently display in the place where e-cigarettes or nicotine liquid is sold and where an e-cigarette or nicotine liquid vending machine is located a printed sign or decal that reads as follows:
"A PERSON LESS THAN 21 YEARS OF AGE WHO PURCHASES AN E-CIGARETTE OR NICOTINE LIQUID IS SUBJECT TO A FINE OF UP TO $100.
A PERSON WHO SELLS AN E-CIGARETTE OR NICOTINE LIQUID TO A PERSON LESS THAN 21 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $250.".
SECTION 20. [NEW MATERIAL] DELIVERY SALES.--
A. Before a retailer ships e-cigarettes or nicotine liquid for a delivery sale, the retailer must receive full payment for the purchase and shall accept payment from the consumer by a:
(1) check drawn on an account in the consumer's name;
(2) credit card issued in the consumer's name; or
(3) debit card issued in the consumer's name.
B. A retailer may ship e-cigarettes or nicotine liquid only to a consumer whose age has been verified pursuant to Section 15 of the E-Cigarette and Nicotine Liquid Act. C. A retailer taking a delivery sale order may request the electronic mail address of the consumer.
SECTION 21. [NEW MATERIAL] PENALTY--POSSESSION OR PROCUREMENT OF AN E-CIGARETTE OR NICOTINE LIQUID BY MINOR.--A minor who procures, attempts to procure or possesses an e-cigarette or nicotine liquid in violation of Section 14 of the E-Cigarette and Nicotine Liquid Act or who violates Section 16 of the E-Cigarette and Nicotine Liquid Act shall be punished by a fine not to exceed one hundred dollars ($100) or forty-eight hours of community service.
SECTION 22. [NEW MATERIAL] ADMINISTRATIVE PENALTIES.--
A. The department may impose the following administrative penalties, in addition to other administrative penalties imposed pursuant to the E-Cigarette and Nicotine Liquid Act, for a retailer that sells, offers to sell, barters or gives an e-cigarette or nicotine liquid to a minor or fails to verify the age of a consumer in violation of the provisions of Section 14 or 15 of the E-Cigarette and Nicotine Liquid Act:
(1) for a first violation in a twenty-four-month period, a fine no greater than two hundred fifty dollars ($250);
(2) for a second violation in a twenty-four-month period, a fine no greater than five hundred dollars ($500);
(3) for a third violation in a twenty-four- month period, a fine no greater than one thousand dollars ($1,000); and
(4) for a fourth violation in a twenty-four- month period, the retailer's license will be permanently revoked.
B. The department may impose the following administrative penalties for an employee of a retailer who sells, offers to sell, barters or gives an e-cigarette or nicotine liquid to a minor or fails to verify the age of a consumer in violation of the provisions of Section 15 of the E-Cigarette and Nicotine Liquid Act:
(1) for a first violation in a twenty-four- month period, a fine no greater than one hundred fifty dollars ($150);
(2) for a second violation in a twenty-four- month period, a fine no greater than three hundred dollars ($300); and
(3) for a third violation in a twenty-four- month period, a fine no greater than one thousand dollars ($1,000).
SECTION 23. [NEW MATERIAL] MONITORED COMPLIANCE--INSPECTIONS.--The alcohol and gaming division of the department and the appropriate law enforcement authorities in each county and municipality shall conduct random, unannounced inspections of facilities where e-cigarettes or nicotine liquid is sold to ensure compliance with the provisions of the E-Cigarette and Nicotine Liquid Act.
SECTION 24. [NEW MATERIAL] PREEMPTION.--When a municipality or county, including a home rule municipality or urban county, adopts an ordinance or a regulation pertaining to sales of e-cigarettes or nicotine liquid, the ordinance or regulation shall be consistent with the provisions of the E-Cigarette and Nicotine Liquid Act.
SECTION 25. [NEW MATERIAL] APPLICABILITY.--The provisions of the E-Cigarette and Nicotine Liquid 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.
SECTION 26. Section 30-49-1 NMSA 1978 (being Laws 1993, Chapter 244, Section 1, as amended) is amended to read:
"30-49-1. SHORT TITLE.--Chapter 30, Article 49 NMSA 1978 may be cited as the "Tobacco Products [E-Cigarette and Nicotine Liquid Container] Act"."
SECTION 27. Section 30-49-2 NMSA 1978 (being Laws 1993, Chapter 244, Section 2, as amended) is amended to read:
"30-49-2. DEFINITIONS.--As used in the Tobacco Products [E-Cigarette and Nicotine Liquid Container] Act:
[A. "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;
B. "e-cigarette":
(1) means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and
(2) includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor; but
(3) does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq.;
C.] A. "minor" means an individual who is less than eighteen years of age; and
[D. "nicotine liquid container" means a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette]
B. "self-service display" means a display to which the public has access without the assistance of the seller or the seller's employee."
SECTION 28. Section 30-49-3 NMSA 1978 (being Laws 1993, Chapter 244, Section 3, as amended) is amended to read:
"30-49-3. TOBACCO PRODUCTS [E-CIGARETTES AND NICOTINE LIQUID CONTAINERS]--PROHIBITED SALES.--
A. No person shall knowingly sell, offer to sell, barter or give a tobacco product [an e-cigarette or a nicotine liquid container] to a minor.
B. No minor shall procure or attempt to procure any tobacco product [e-cigarette or nicotine liquid container] for the minor's own use or for use by another minor.
C. No person shall sell, offer to sell or deliver a tobacco product [an e-cigarette or a nicotine liquid container] in a form other than an original factory-sealed package.
[D. No person shall sell or offer to sell any nicotine liquid container at retail in this state unless such container is child-resistant; except that for the purpose of this subsection, "nicotine liquid container" does not include a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
E. The online internet sale of e-cigarettes or nicotine liquid containers to a minor in New Mexico is prohibited.]"
SECTION 29. Section 30-49-5 NMSA 1978 (being Laws 1993, Chapter 244, Section 5, as amended) is amended to read:
"30-49-5. REFUSAL TO SELL TOBACCO PRODUCTS [E-CIGARETTES OR NICOTINE LIQUID CONTAINERS] TO PERSON UNABLE TO PRODUCE IDENTITY CARD.--A person selling goods at retail or wholesale may refuse to sell tobacco products [e-cigarettes or nicotine liquid containers] to a person who is unable to produce an identity card as evidence that the person is eighteen years of age or over."
SECTION 30. Section 30-49-6 NMSA 1978 (being Laws 1993, Chapter 244, Section 6, as amended) is amended to read:
"30-49-6. PRESENTING FALSE EVIDENCE OF AGE OR IDENTITY.--[No] A minor shall not present any written, printed or photostatic evidence of age or identity that is false for the purpose of procuring or attempting to procure any tobacco products [e-cigarettes or nicotine liquid containers]."
SECTION 31. Section 30-49-7 NMSA 1978 (being Laws 1993, Chapter 244, Section 7, as amended) is amended to read:
"30-49-7. VENDING MACHINES--RESTRICTIONS ON SALES OF TOBACCO PRODUCTS [E-CIGARETTES AND NICOTINE LIQUID CONTAINERS].--
A. Except as provided in Subsections B and C of this section:
(1) a person shall not sell tobacco products [e-cigarettes or nicotine liquid containers] at a retail location in New Mexico by any means other than a direct, face-to-face exchange between the customer and the seller or the seller's employee; and
(2) a person selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products [e-cigarettes or nicotine liquid containers. As used in this subsection, "self-service display" means a display to which the public has access without the assistance of the seller or the seller's employee].
B. Tobacco products [e-cigarettes and nicotine liquid containers] may be sold by vending machines only in age-controlled locations where minors are not permitted.
C. The provisions of this section do not apply to written, telephonic or electronic sales of tobacco products."
SECTION 32. Section 30-49-8 NMSA 1978 (being Laws 1993, Chapter 244, Section 8, as amended) is amended to read:
"30-49-8. DISTRIBUTION OF TOBACCO PRODUCTS [E-CIGARETTES OR NICOTINE LIQUID CONTAINERS] AS FREE SAMPLES PROHIBITED--EXCEPTION.--
A. A person shall not provide free samples of tobacco products [e-cigarettes or nicotine liquid containers] to a minor.
B. The provisions of Subsection A of this section shall not apply to an individual who provides free samples of tobacco products [e-cigarettes or nicotine liquid containers] in connection with the practice of cultural or ceremonial activities in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a or its successor act."
SECTION 33. Section 30-49-9 NMSA 1978 (being Laws 1993, Chapter 244, Section 9, as amended) is amended to read:
"30-49-9. SIGNS--POINT OF SALE.--A person, firm, corporation, partnership or other entity engaged in the sale at retail of tobacco products [e-cigarettes or nicotine liquid containers] shall prominently display in the place where tobacco products [e-cigarettes or nicotine liquid containers] are sold and where a tobacco product [e-cigarette or nicotine liquid container] vending machine is located a printed sign or decal that reads as follows:
"A PERSON LESS THAN 18 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT [AN E-CIGARETTE OR A NICOTINE LIQUID CONTAINER] IS SUBJECT TO A FINE OF UP TO $100.
A PERSON WHO SELLS A TOBACCO PRODUCT [AN E-CIGARETTE OR A NICOTINE LIQUID CONTAINER] TO A PERSON LESS THAN 18 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000."."
SECTION 34. Section 30-49-10 NMSA 1978 (being Laws 1993, Chapter 244, Section 10, as amended) is amended to read:
"30-49-10. MONITORED COMPLIANCE--INSPECTIONS.--The alcohol and gaming division of the regulation and licensing department and the appropriate law enforcement authorities in each county and municipality shall conduct random, unannounced inspections of facilities where tobacco products [e-cigarettes or nicotine liquid containers] are sold to ensure compliance with the provisions of the Tobacco Products [E-Cigarette and Nicotine Liquid Container] Act."
SECTION 35. Section 30-49-11 NMSA 1978 (being Laws 1993, Chapter 244, Section 11, as amended) is amended to read:
"30-49-11. PREEMPTION.--When a municipality or county, including a home rule municipality or urban county, adopts an ordinance or a regulation pertaining to sales of tobacco products [e-cigarettes or nicotine liquid containers], the ordinance or regulation shall be consistent with the provisions of the Tobacco Products [E-Cigarette and Nicotine Liquid Container] Act."
SECTION 36. Section 30-49-13 NMSA 1978 (being Laws 2015, Chapter 98, Section 12) is amended to read:
"30-49-13. APPLICABILITY.--The provisions of the Tobacco Products [E-Cigarette and Nicotine Liquid Container] 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."
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