A. It is the duty of every person selling or offering for sale a product that is represented to be authentic Indian arts or crafts to make due inquiry of his suppliers concerning the true nature of the materials, product design and process of manufacture to determine whether the product may be lawfully represented as authentic Indian arts or crafts.

B. Each person may elect to label or otherwise clearly and conspicuously disclose as authentic Indian arts and crafts all articles that are authentic Indian arts and crafts in accordance with the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] and regulations adopted pursuant to that act.

C. Consistent with the purposes of the Indian Arts and Crafts Sales Act, regulations adopted under that act may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labeling as Indian arts and crafts.

History: 1953 Comp., § 40-21-25.4, enacted by Laws 1959, ch. 133, § 4; 1973, ch. 163, § 4; 1975, ch. 261, § 4; 1977, ch. 334, § 3; 1991, ch. 90, § 5.

The 1991 amendment, effective June 14, 1991, added "Duty of inquiry; election to label authentic Indian arts and crafts" in the catchline; deleted former Subsection A, relating to a duty of persons selling Indian arts and crafts to make due inquiry concerning methods used in production and to determine authenticity; designated former Subsection B as Subsection A and rewrote the subsection which read "It is the duty of every person selling or offering for sale natural or unnatural turquoise, or both to make due inquiry of their suppliers concerning the true nature of the turquoise and to determine whether such turquoise is natural, stabilized, treated, reconstituted or imitation"; and added Subsections B and C.