SLATI State Information: New Mexico 

New Mexico

Clean Indoor Air
Tobacco Excise Tax
Youth Access
Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes
Restrictions on the Sale of Tobacco Products In Vending Machines
Licensing Requirements
Smoker Protection Laws
Advertising and Promotion
Product Disclosure
Tobacco Divestment
Tobacco Liability
Tobacco Settlement
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View the State of Tobacco Control: 2008 Report for New Mexico

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Clean Indoor Air

It is unlawful for a person to smoke in any indoor workplace or indoor public place or in buses, taxicabs or other means of public transit not specifically exempted. "Indoor public place" is defined as the enclosed area within any governmental or nongovernmental place to which the public is invited or in which the public is permitted regardless of whether work or public business, meetings or hearings occur at any given time. Exceptions include: 1) a private residence, except during hours of business operation while it is being used commercially to provide child care, adult care or health care or any combination of those activities; 2) a retail tobacco store as defined; 3) a cigar bar as defined; 4) the facilities of a tobacco manufacturing company, provided that smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited; 5) a state-licensed gaming facility, casino or bingo parlor; 6) an indoor workplace to the extent that tobacco smoking is an integral part of a smoking cessation program that is approved by the department or of medical or scientific research that is conducted in the indoor workplace as specified; 7) designated outdoor smoking areas; 8) private clubs as defined; 9) a limousine under private hire; 10) up to 25 percent of hotel/motel rooms; 11) enclosed areas within restaurants, bars, hotel and motel conference or meeting rooms while these places are being used for private functions, provided that none of these areas are open to the general public while the private functions are occurring and that smoke does not infiltrate other indoor workplaces or indoor public places where smoking is otherwise prohibited; 12) a site that is being used in connection with the practice of cultural or ceremonial activities by Native Americans; 13) a business of a sole proprietor or a business with fewer than two employees that is not commonly accessible to the public under certain conditions; and 14) a theatrical stage or a motion picture or television production set when it is necessary for performers to smoke as part of the production. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).



Nothing in the above act shall be construed to preempt or in any manner preclude specific provisions of a county or municipal smoking ordinance; provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum standards and provisions for smokefree areas within the above act.

N.M. STAT. ANN. §§ 24-16-12 (2007).

Government Buildings

It is unlawful for a person to smoke in any indoor workplace, which includes the state or a political subdivision of the state that employs the services of one or more individuals. No part of the state capitol or capitol north shall be designated as a smoking-permitted area. Employers shall adopt, implement, post and maintain a written smoking policy that conforms to the above requirements. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Private Workplaces

It is unlawful for a person to smoke in any indoor workplace. "Indoor workplace" is defined as any enclosed place where one or more persons engage in work, including lobbies, reception areas, offices, conference and meeting rooms, employee cafeterias and lunchrooms, break rooms and employee lounges, classrooms, auditoriums, hallways, stairways, waiting areas, elevators and restrooms and includes all indoor workplaces and enclosed parts regardless of whether work occurs at any given time. A business of a sole proprietor or a business with fewer than two employees that is not commonly accessible to the public is exempt; provided that the business is not a restaurant or bar, the employer or manager of such business shall provide a smokefree work environment for each employee requesting it; and cigarette smoke does not infiltrate other smokefree work environments. Also exempt is an indoor workplace to the extent that tobacco smoking is an integral part of a smoking cessation program that is approved by the department or of medical or scientific research that is conducted in the indoor workplace and in which each room of the indoor workplace in which tobacco smoking is permitted complies with signage requirements. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Schools

The State Board of Education adopted a regulation that prohibits the use of tobacco products by students, school staff, parents, and school visitors in school buildings, on school property and for students at school functions away from school property. Each school district shall develop provisions for enforcement of this policy and communicating the policy to all affected parties.

N.M. ADMIN. CODE 6.12.4 et seq. (1994).



It is unlawful for a person to smoke in any indoor workplace or indoor public place, the definitions of which cover public and private schools. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Child Care Centers

It is unlawful for a person to smoke in any indoor workplace or indoor public place, the definitions of which cover child care facilities. Smoking is specifically prohibited in private residences during the hours when it is being used commercially to provide child care or adult care. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Health Facilities

It is unlawful for a person to smoke in any indoor workplace or indoor public place, the definitions of which cover health care facilities. Smoking is specifically prohibited in private residences during the hours when it is being used commercially to provide health care. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Restaurants

Restaurants: It is unlawful for a person to smoke in any indoor workplace or indoor public place, the defintions of which cover restaurants. "Restaurant" means a coffee shop, cafeteria, private or public school cafeteria or eating establishment and any other eating establishment that gives or offers for sale food to the public, patrons or employees, including kitchens and catering facilities in which food is prepared on the premises for serving elsewhere or a bar area within or attached to the premises. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).



Bars: It is unlawful for a person to smoke in any indoor workplace or indoor public place, the defintions of which cover bars. "Bar" is defined as an establishment that is devoted to the selling or serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of those beverages, including taverns, nightclubs, cocktail lounges and cabarets. Cigars bars are exempt if they generate ten percent or more of their total annual gross revenue or at least $10,000 in annual sales from the sale of cigars, not including any sales from vending machines. A cigar bar that fails to generate at least 10 percent of its total annual sales from the sale of cigars in the calendar year after December 31, 2006, not including sales from vending machines, shall not be defined as a cigar bar and shall not thereafter be known as such regardless of sales figures. A cigar bar shall agree to provide adequate information to demonstrate to the state's satisfaction compliance with this definition. Smoking is also prohibited near entrances, windows and ventilation systems of public places where smoking is prohibited.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Penalties/Enforcement

For each indoor workplace or indoor public place where smoking is prohibited or permitted, the appropriate sign shall be posted where it is clear, conspicuous and easily legible at each public entrance. The local fire, police or sheriff's department with appropriate jurisdiction over the location where a violation occurs shall enforce that act by issuance of a citation, and may inspect an establishment for compliance. A person may register a complaint regarding an alleged violation to initiate enforcement with the state Department of Health or the local fire, police or sheriff's department. Violation by a person 18 years of age and older, is subject to a fine not to exceed $100 for the first violation, a fine not to exceed $200 for a second violation in a 12-month period, and a fine not to exceed $500 for a third or subsequent violation within a 12-month period of the previous violation. The owner, manager or operator of premises subject to regulation shall not be subject to a penalty if a person on the premises is in violation as long as the owner, manager or operator has posted signs, implemented the appropriate policy and informed the person that the person is in violation.

N.M. STAT. ANN. §§ 24-16-1 et seq. (2007).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 91 cents

Date last changed: July 1, 2003 -- from 21 cents to 91 cents

Year first enacted: 1943

N.M. STAT. ANN. § 7-12-3 (2003).



A portion of cigarette tax revenue is distributed as follows: 1.35 percent to the County and Municipality Recreational Fund; 2.69 percent to the County and Municipal Cigarette Tax Fund; 1.35 percent to the Cancer Research and Treatment Center at the University of New Mexico Health Sciences Center; 2.02 percent to the New Mexico Finance Authority; 14.37 percent to the New Mexico Finance Authority, on behalf of and for the benefit of the University of New Mexico Health Sciences Center; 6.05 percent to the New Mexico Finance Authority for land acquisition and the planning, designing, construction and equipping of Department of Health facilities or improvements to such facilities; 15.979 percent to the New Mexico Finance Authority for deposit in the credit enhancement account created in the authority; and 1 percent to the New Mexico Finance Authority on behalf of and for the benefit of the Rural County Cancer Treatment Fund.

N.M. STAT. ANN. § 7-1-6.11 (2006).

Other Tobacco Products

Cigars that look like, are packaged and labeled like or are marketed and advertised like cigarettes: 91 cents per 20 cigars

Roll-your-own tobacco: 91 cents per 1.8 ounces of tobacco;

Bidis/Kreteks: 91 cents per 20;

All other tobacco products: 25% of the product value of the tobacco products

N.M. STAT. ANN. §§ 7-12-2 (2009), 7-12-3 (2003) & 7-12A-3 (1993).

Revenue Collected

$61,288,000

Youth Access

Compliance/Enforcement

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 are sold to ensure compliance. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-10 & 30-49-11 (1993).



Photo ID: Any person selling goods at retail or wholesale may refuse to sell tobacco products to any person who is unable to produce an identity card as evidence that he is 18 years of age or over. Evidence of the age and identity of the person may be shown by any document that contains a picture of the person issued by a federal, state, county or municipal government, including a motor vehicle driver's license or an identification card issued to a member of the armed forces. Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance pertaining to the sales of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-4, 30-49-5, 30-49-11 & 30-49-12 (1993).

Penalties for Sales to Minors

No person shall knowingly sell or offer to sell tobacco products to persons under 18. Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-3(A), 30-49-11 & 30-49-12 (1993).

Penalties to Minors

A minor who procures or attempts to procure tobacco products for their own use, or for the use of any other minor shall be punished by a fine not to exceed $100 or 48 hours of community service. Any minor who presents false evidence of their age or identity to procure tobacco products for such use shall be subject to the same penalty. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-3(B), 30-49-6, 30-49-11 & 30-49-12 (1993).

Placement of Tobacco Products

A person shall not 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 a person selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products. "Self-service display" means a display to which the public has access without the assistance of the seller or the seller's employee. Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance or a regulation pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-7(A) (2003); 30-49-11 (1993) & 30-49-12 (1993).

Sign Posting

Any entity engaged in the retail sale of tobacco products shall prominently display a warning sign in the place where tobacco products are sold. The sign shall read as follows: "A PERSON LESS THAN 18 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT IS SUBJECT TO A FINE OF UP TO $1,000. A PERSON WHO SELLS A TOBACCO PRODUCT TO A PERSON LESS THAN 18 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000." Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-9; 30-49-11; & 30-49-12 (1993).

Bidis

None.

Other Provisions

None.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person, who sells, distributes, promotes or advertises tobacco products shall not provide free samples of tobacco products to a minor. This law shall not apply to an individual who provides free samples to a family member or to an acquaintance on private property not held open to the public. Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance or a regulation pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-8, 30-49-11 & 30-49-12 (1993).

Single Cigarettes

No person shall sell, offer to sell or deliver a tobacco product in a form other than an original factory-sealed package. Specific penalty for a violation is not specified. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-3(C) & 30-49-11 (1993).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Tobacco products may be sold through vending machines only in locations not open to the public, including factories, businesses and offices; in locations in which the vending machine is equipped with a remote-controlled lock-out device; or in areas where minors are not permitted unless accompanied by an adult. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-7 (2003) & 30-49-11(1993).

Penalty

Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance pertaining to the sale of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-11 & 30-49-12 (1993).

Sign Posting

Warning signs shall be prominently displayed where a tobacco product vending machine is located. The sign shall read as follows: "A PERSON LESS THAN 18 YEARS OF AGE WHO PURCHASES A TOBACCO PRODUCT IS SUBJECT TO A FINE OF UP TO $1,000. A PERSON WHO SELLS A TOBACCO PRODUCT TO A PERSON LESS THAN 18 YEARS OF AGE IS SUBJECT TO A FINE OF UP TO $1,000." Violation is a misdemeanor subject to imprisonment for less than a year and/or not more than a $1,000 fine. When a municipality or county adopts an ordinance pertaining to the sales of tobacco products, the ordinance or regulation shall be consistent with state law.

N.M. STAT. ANN. §§ 30-49-9, 30-49-11 & 30-49-12 (1993).

Licensing Requirements

Requirements

A person shall not engage in the manufacture or distribution of cigarettes in New Mexico without a license issued by the state Department of Taxation and Revenue. A license shall be issued for a term not to exceed one year. Violators are subject to a civil penalty of up to $1,000 for a first offense, $1,500 to $2,500 for a second offense and not less than $5,000 for a third or subsequent offense.

N.M. STAT. ANN. §§ 7-12-9.1 & 7-12-13.1 (2006).

Fee

Up to $100 each year for both distributors and manufacturers.

N.M. STAT. ANN. § 7-12-9.1 (2006).

License Suspension for Sales to Minors

None.

Smoker Protection Laws

It is unlawful for an employer to refuse to hire or discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a smoker or non-smoker, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours. It is also unlawful for an employer to require as a condition of employment that any employee or applicant for employment abstain from using tobacco products during non-working hours. This does not apply to any activity that materially threatens an employer's legitimate conflict of interest policy reasonably designed to protect the employer's trade secrets, proprietary information or other proprietary interests; or relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer. Any employee claiming to be aggrieved by any unlawful action of any employer may bring a civil suit for damages.

N.M. STAT. ANN. §§ 50-11-1 et seq. (1991).

Advertising and Promotion

None.

Product Disclosure

None.

Tobacco Divestment

None.

Tobacco Liability

Industry Protection

In any civil action involving a signatory, a successor of a signatory or any affiliate of a signatory to the Master Settlement Agreement (MSA), the supersedeas bond required of all appellants collectively in order to stay the execution of a judgment during the entire course of appellate review shall not exceed $100 million, regardless of the amount of the judgment.

N.M. STAT. ANN. § 39-3-22(C) (2007).

Cause of Action

None.

Tobacco Settlement

Tobacco Control Appropriations

New Mexico appropriated $9,615,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state's annual MSA payment. The same amount was appropriated in FY2008.

FY2009 Annual Budget (H.B. 2) enacted 2/12/08 and effective 7/1/08.



The Tobacco Settlement Permanent Fund was established in the state treasury where all MSA payments are distributed to. In FY2007 and each fiscal year thereafter, 50 percent of the money in each fiscal year is transferred to the Tobacco Settlement Program Fund until that amount is less than an amount equal to four and seven-tenths percent of the average of the year-end market values of the tobacco settlement permanent fund for the immediately preceding five calendar years. In addition, in FY2009 and FY2010, the remaining 50 percent will also be transferred to the Tobacco Settlement Program Fund. The Tobacco Settlement Permanent Fund is considered a reserve fund of the state, and the legislature may authorize a transfer to the general fund under certain circumstances.

N.M. STAT. ANN. § 6-4-9 (2009).



The Tobacco Settlement Program Fund is also created in the state treasury and monies in the fund shall consist of distributions made to the fund from the Tobacco Settlement Permanent Fund. Money may be appropriated from the program fund for health and educational purposes, including support of additional public school programs, including extracurricular and after-school programs designed to involve students in athletic, academic, musical, cultural, civic, mentoring and similar types of activities; any health or health care program or service for prevention or treatment of disease or illness; basic and applied research conducted by higher educational institutions or state agencies addressing the impact of smoking or other behavior on health and disease; public health programs and needs; and tobacco use cessation and prevention programs, including statewide public information, education and media campaigns beginning in FY2002.

N.M. STAT. ANN. § 6-4-10 (2000).

Non-Monetary Provisions

The Tobacco Settlement Revenue Oversight Committee was created to monitor the use of MSA funds consisting of six members of the legislature, three each from the state House of Representatives and the State Senate. The committee is tasked with making recommendations on how to spend MSA funds, and evaluating programs receiving MSA funds.

N.M. STAT. ANN. § 2-19-1 (2000).

Securitization

None.

Last Updated