SENATE BILL 232
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
John C. Ryan
AN ACT
RELATING TO PUBLIC HEALTH; PROHIBITING THE USE OR POSSESSION OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES BY MINORS IN CERTAIN SETTINGS; PROHIBITING THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES TO MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Dee Johnson Clean Indoor Air Act is enacted to read:
"[NEW MATERIAL] USE OR POSSESSION OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES BY MINORS PROHIBITED.--
A. It is unlawful for a minor to use or possess tobacco products, alternative nicotine products or vapor devices:
(1) on the grounds of a public, private or charter school where children attend classes in kindergarten programs or grades one through twelve;
(2) on the premises of a preschool or daycare facility;
(3) in school buses or other school vehicles; and
(4) at any off-campus school-sponsored or school-sanctioned event.
B. For purposes of this section:
(1) "alternative nicotine product" means a noncombustible product derived from tobacco containing nicotine and intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means; (2) "grounds" means buildings, parking lots, playing fields or playgrounds that comprise school premises;
(3) "tobacco product" means a product containing tobacco and intended for human consumption; and
(4) "vapor device" means a device, such as an electronic cigarette, that employs a mechanical heating element, battery or electronic circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in a vapor cartridge.
C. The provisions of this section do not apply to a drug or device specifically approved by the federal food and drug administration for sale as a tobacco-use cessation product or medical product and approved for use by minors."
SECTION 2. Section 30-49-1 NMSA 1978 (being Laws 1993, Chapter 244, Section 1) is amended to read:
"30-49-1. SHORT TITLE.--[This act] Chapter 30, Article 49 NMSA 1978 may be cited as the "Tobacco Products, Alternative Nicotine Products and Vapor Devices Act"."
SECTION 3. Section 30-49-2 NMSA 1978 (being Laws 1993, Chapter 244, Section 2) is amended to read:
"30-49-2. [DEFINITION] DEFINITIONS.--As used in the Tobacco Products, Alternative Nicotine Products and Vapor Devices Act:
A. "alternative nicotine product" means a noncombustible product derived from tobacco containing nicotine and intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means;
B. "minor" means an individual who is less than eighteen years of age;
C. "tobacco product" means a product containing tobacco and intended for human consumption; and
D. "vapor device" means a device, such as an electronic cigarette, that employs a mechanical heating element, battery or electronic circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in a vapor cartridge."
SECTION 4. Section 30-49-3 NMSA 1978 (being Laws 1993, Chapter 244, Section 3) is amended to read:
"30-49-3. TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR VAPOR DEVICES--PROHIBITED SALES.--
A. No person shall knowingly sell, offer to sell, barter or give [any] a tobacco product, alternative nicotine product or vapor device to [any] a minor.
B. No minor shall procure or attempt to procure any tobacco products, alternative nicotine products or vapor devices for [his] the minor's own use or for use by [any other] another minor.
C. No person shall sell, offer to sell or deliver a tobacco product, alternative nicotine product or vapor device in a form other than an original factory-sealed package."
SECTION 5. Section 30-49-5 NMSA 1978 (being Laws 1993, Chapter 244, Section 5) is amended to read:
"30-49-5. REFUSAL TO SELL TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES TO PERSON UNABLE TO PRODUCE IDENTITY CARD.--[Any] A person selling goods at retail or wholesale may refuse to sell tobacco products, alternative nicotine products or vapor devices to [any] a person who is unable to produce an identity card as evidence that [he] the person is eighteen years of age or over."
SECTION 6. Section 30-49-6 NMSA 1978 (being Laws 1993, Chapter 244, Section 6) is amended to read:
"30-49-6. PRESENTING FALSE EVIDENCE OF AGE OR IDENTITY.--No minor shall 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, alternative nicotine products or vapor devices."
SECTION 7. 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, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES.--
A. Except as provided in Subsections B and C of this section:
(1) a person shall not sell tobacco products, alternative nicotine products or vapor devices 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, alternative nicotine products or vapor devices. 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, alternative nicotine products or vapor devices 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;
(2) in locations in which the vending machine is equipped with a remote-controlled lock-out device; or
(3) in age-controlled locations where minors are not permitted unless accompanied by a parent or guardian.
C. The provisions of this section do not apply to written, telephonic or electronic sales."
SECTION 8. Section 30-49-8 NMSA 1978 (being Laws 1993, Chapter 244, Section 8) is amended to read:
"30-49-8. DISTRIBUTION OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS AND VAPOR DEVICES AS FREE SAMPLES PROHIBITED--EXCEPTION.--
A. A person who sells, distributes, promotes or advertises tobacco products, alternative nicotine products or vapor devices shall not provide free samples of tobacco products, alternative nicotine products or vapor devices 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, alternative nicotine products or vapor devices to a family member or to an acquaintance on private property not held open to the public."
SECTION 9. Section 30-49-9 NMSA 1978 (being Laws 1993, Chapter 244, Section 9) 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, alternative nicotine products or vapor devices shall prominently display in the place where tobacco products, alternative nicotine products or vapor devices are sold and where a tobacco product, alternative nicotine product or vapor device 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, ALTERNATIVE NICOTINE PRODUCT OR VAPOR DEVICE IS SUBJECT TO A FINE OF UP TO $1,000.
A PERSON WHO SELLS A TOBACCO PRODUCT, ALTERNATIVE NICOTINE PRODUCT OR VAPOR DEVICE TO A PERSON LESS THAN 18 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000."."
SECTION 10. Section 30-49-10 NMSA 1978 (being Laws 1993, Chapter 244, Section 10) 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, alternative nicotine products or vapor devices are sold to ensure compliance with the provisions of the Tobacco Products, Alternative Nicotine Products and Vapor Devices Act."
SECTION 11. Section 30-49-11 NMSA 1978 (being Laws 1993, Chapter 244, Section 11) is amended to read:
"30-49-11. PREEMPTION.--When a municipality or county adopts an ordinance or a regulation pertaining to sales of tobacco products, alternative nicotine products or vapor devices, the ordinance or regulation shall be consistent with the provisions of the Tobacco Products, Alternative Nicotine Products and Vapor Devices Act."
SECTION 12. A new section of the Tobacco Products, Alternative Nicotine Products and Vapor Devices Act is enacted to read:
"[NEW MATERIAL] APPLICABILITY.--The provisions of the Tobacco Products, Alternative Nicotine Products and Vapor Devices Act do not apply to a drug or device specifically approved by the federal food and drug administration for sale as a tobacco-use cessation product or medical product and approved for use by minors."
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