FDA regulations apply to these tobacco products, which are defined under the Tobacco Control Act as any product manufactured from or derived from tobacco or containing nicotine from any source (e.g., synthetic nicotine) intended for human consumption. The new law, passed by Congress last week, also applies to e-cigarettes and vaping products that heat a nicotine-containing liquid. Tobacco product means “a product manufactured from or derived from tobacco or nicotine and intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, snorted or otherwise ingested, including cigars, cigarettes, chewing tobacco, pipe tobacco, snuff, electronic cigarettes or electronic nicotine delivery systems.” N.M. Stat. ann. § 61-37-2(S) (2022) Disclaimer: A U.S. District Court struck down this Regulation in February 2020. However, it is expected that these regulations will be reviewed and may re-enter into force before the courts after ongoing adjustments or legal issues. Therefore, retailers should be prepared for this requirement IF it is required once the legal issues have been resolved by the court. People under the age of 21 can no longer legally purchase cigarettes, cigars, or other tobacco products in the United States.

Unless otherwise required by state or local law, the FDA recommends that retailers only accept government-issued photo identification with the owner`s date of birth. (e.g., government-issued driver`s license or ID card, military ID card, passport, or immigration card) to establish a legal age to purchase FDA-regulated products. Photo ID will not be accepted if it has expired. Electronic nicotine delivery system means “an electronic device, including electronic cigarettes, whether consisting of a heating element and a battery or electronic circuit, that provides a nicotine vapour or aerosol the use or inhalation of which simulates smoking.” N.M. Stat. § 61-37-2(J) (2022) No person under the age of 18 may use tobacco products, e-cigarettes or containers of liquid nicotine for their own use or procure or attempt to obtain for the use of another minor.1 It is illegal for minors to purchase, purchase or obtain restricted products or to use false identification to do so. A minor who attempts to purchase tobacco products is liable to a fine of up to $100 or 48 hours of community service. No person shall sell or offer a container of liquid nicotine at retail in that State unless the container is child-resistant; Except that, for the purposes of this paragraph, “nicotine liquid containers” do not include cartridges that are pre-filled and sealed by the manufacturer and are not intended to be opened by the consumer.1 In partnership with the New Mexico Department of Health, the “No Minor Sale” campaign was launched in 2017 to educate New Mexico residents about illicit tobacco sales and the need for a retail sale of tobacco. An electronic cigarette is defined as “any oral electronic device, whether consisting of a heating element and a battery or an electronic circuit, which provides nicotine vapour or any other substance, the use or inhalation of which simulates smoking, and which includes such a device or part thereof, whether manufactured in the form of an electronic cigarette, electronic cigarette, electronic pipe or any other product, distributed, marketed or sold, name or descriptor.

N.M. Stat. ann. § 7-12A-2(E) (2022); N.M. Code R. § 6.12.4.7(B) (2022); N.M. Stat. Ann.

§ 61-37-2(I) (2022) You must verify the photo ID of all persons under the age of 30 who attempt to purchase FDA-regulated products and verify that the customer is of legal age. This is a time requirement (even if you know the person is legal). If you “filed” them yesterday, you must “map” them again today! No person shall knowingly sell, offer, exchange or provide a tobacco product, electronic cigarette or container of nicotine liquid to a person under 18 years of age.1 Electronic cigarettes and containers of nicotine liquid must be sold in “factory-sealed original packaging”. N.M. Stat. Ann. § 61-37-3(B) (2022) The provision raising the nationwide legal limit from 18 to 21 was contained in a massive spending bill passed by Congress and signed into law by the president on Dec. 20. About one-third of states already had their own laws restricting tobacco sales to people 21 and older.

Prior to the passage of the Tobacco Products Act, New Mexico was one of twelve states that did not have national licensing requirements for tobacco retailing, despite clear evidence that such policies are effective in reducing the illegal sale of tobacco products to minors. According to the New Mexico Youth Risk and Resilience Survey, 1 in 3 high school students in New Mexico reported currently using e-cigarettes in 2019. The New Mexico Department of Health and Human Services met virtually with selected partners Thursday to celebrate the implementation of the Tobacco Products Act. The law, which will take effect Jan. 1, 2021, raises the legal retail age for all tobacco products in New Mexico to 21. The Act also creates new licensing requirements for tobacco retailers. Free samples of electronic cigarettes and nicotine liquid, prohibited without express written permission. N.M. Stat.

Ann. § 61-37-16(A) (2022) Prohibited sale/distribution of electronic cigarettes or a container of nicotine liquid to persons under 21 years of age. N.M. Stat. ann. § 61-37-3(A) (2022) E-cigarette means “a product containing or dispensing nicotine or any other substance intended for human consumption that may be used by any person to inhale the vapour or aerosol of the product, including a device, whether manufactured such as an electronic cigarette, electronic cigar, electronic pipe, an electronic hookah or spray pen or under any other product name or descriptor, N.M. Stat. Ann. § 24-16-3(E) (2022) The use, possession and distribution of tobacco products, e-cigarettes and liquid nicotine containers is prohibited in school buildings, on school grounds and by students in school-sponsored activities outside school grounds.2 Liquid nicotine means “a liquid or other nicotine-containing substance in which the liquid or substance is sold, marketed or intended for use in an electronic nicotine delivery system is`. N.M.

Stat. § 61-37-2(O) (2022) Prohibited use/possession/distribution of nicotine liquid containers and electronic cigarettes by students in school-sponsored activities. N.M. Code R. § 6.12.4.8(A) (2022) To celebrate, Lt. Governor Howie Morales, state legislators, the Liquor Control Department and youth representatives from Evolvement High School came together to celebrate this important public health victory. The Department may suspend or revoke a licence holder, require the use of identity verification software for a specified period of time, or impose an administrative penalty on a licensee of up to ten thousand dollars ($10,000) or a combination of both if the Department determines that the licensee, an employee of the licensee or a contractor acting on the licensee`s behalf is contravening a provision of the tobacco product. Act; However, in the event of a fourth offence involving the sale of a tobacco product to a minor occurring within three years of the first offence, the retailer`s licence granted for that place will be permanently revoked. The sale of e-cigarettes requires age verification by third parties. N.M. Stat.

Ann. § 61-37-14(C) (2022) Retailers and their employees must not knowingly, intentionally or negligently verify age. Yes. N.M. Stat. ann. § 7-12A-2(L) (2022); N.M. Stat.

Ann. § 61-37-2(S) (2022) The FDA conducts retail store compliance audits to determine whether retailers are complying with the new federal law and uses the following: Proof of age and identity of a person attempting to obtain tobacco products in person must be provided by a valid document containing a photograph of that person and issued by a federal association. State, county, municipality, tribe or foreign government, including a driver`s license or identity card. As a condition of receiving federal subsidies for drug addiction blocks, federal law requires the state to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The Alcohol and Gambling Division of the Department of Regulation and Licensing and local law enforcement agencies conduct inspections. Use of e-cigarettes included in the definition of “smoking” (N.M. Stat. Ann.

§ 24-16-3(N) (2022) (definition of “smoking”)), including workplaces and indoor public spaces (N.M. Stat. Ann. § 24-16-4) (2022)) and reasonable distances from entrances, windows and ventilation systems where smoking is prohibited (N.M. Stat. § 24-16-13 (2022)) Chief Clerk of the SenateLenore NaranjoRoom 115 State CapitolSanta Fe, NM 87501Phone: (505) 986-4714 21 is the current minimum age (federal and state law), and retailers must comply with this law. Tobacco/Vapour Law 21: Federal Law of December 20, 2019 prohibits the sale of all tobacco and vaping products to persons under 21 years of age. The FDA said the law went into effect that day.

States can choose to proceed with the current retirement law at the risk of losing federal funds. Until the FDA issues guidelines or regulations on what constitutes an FDA “approved training program,” the FDA states that “the agency intends to use a lower schedule of civil penalties for all retailers who violate regulations restricting the sale and distribution of cigarettes and smokeless tobacco products, whether or not they have implemented an educational program.