45th legislature - STATE OF NEW MEXICO - second session, 2002

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; EXEMPTING CERTAIN 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.--

A. Except as provided in Subsections B and C of this section:

(1) no person shall sell tobacco products 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) no person selling goods at a retail location in New Mexico 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 the seller's employee.

B. Tobacco products may be sold by vending machines 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].

C. The provisions of this section shall not apply to written, telephone or electronic sales, including sales by mail order, fax machine or the internet."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2003.