HOUSE BILL 213

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Sarah Maestas Barnes

AN ACT

RELATING TO TRADE PRACTICES; REQUIRING THE USE OF CHILD-RESISTANT PACKAGING FOR NICOTINE LIQUID; PROVIDING PENALTIES.

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

     SECTION 1. [NEW MATERIAL] CHILD-RESISTANT PACKAGING FOR NICOTINE LIQUID.--

          A. No person shall sell or offer for sale in this state any nicotine liquid unless the nicotine liquid is contained in child-resistant packaging.

          B. The attorney general may institute a civil action in district court for a violation of the provisions of this section or to prevent a violation of the provisions of this section. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including a civil penalty not to exceed one thousand dollars ($1,000) for each violation.

          C. As used in this section:

                (1) "child-resistant packaging" means packaging that is designed or constructed to make it significantly difficult for a child under five years of age to open or obtain a toxic or harmful amount of the substance contained therein;

                (2) "electronic delivery device" means any 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; and

                (3) "nicotine liquid" means a liquid solution containing nicotine in any concentration that is intended for human consumption via an electronic delivery device.

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