SENATE BILL 440
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO TOBACCO; PROHIBITING THE SALE OF MENTHOL CIGARETTES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-37-3 NMSA 1978 (being Laws 2020, Chapter 46, Section 3) is amended to read:
"61-37-3. PROHIBITED SALES--MANUFACTURING--LABELING--MARKETING--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 package, except for individually sold cigars or loose leaf pipe tobacco.
C. A person shall not sell, offer to sell, barter or deliver menthol cigarettes.
[C.] D. A licensee shall not sell, offer to sell or deliver nicotine liquid in this state unless such liquid is in child-resistant packaging, except that for the purpose of this subsection, "nicotine liquid" does not include nicotine liquid in a cartridge that is pre-filled and sealed by the manufacturer and that is not intended to be opened by the consumer.
[D.] E. A manufacturer shall not produce and a distributor or retailer shall not sell tobacco products that are knowingly attractive to minors."
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