It is unlawful for any person to:

A. sell or offer for sale any products represented to be Indian handmade or authentic Indian arts and crafts unless such products are in fact Indian handmade or authentic Indian arts and crafts;

B. sell or offer for sale any products represented to be Indian crafted unless such products are in fact Indian crafted;

C. represent that any Indian arts and crafts product is made of a material, including natural material, unless it is made of that material;

D. fail to disclose in writing that any Indian arts and crafts product is made of treated material, reconstructed material or synthetic material;

E. solicit or buy for resale as authentic Indian arts and crafts any products that are known in fact not to be authentic; or

F. prepare, disseminate or otherwise engage in any unfair or deceptive trade practice, including any false, misleading or deceptive advertising, or any unconscionable trade practice, regarding Indian arts or crafts. For the purpose of this subsection, "unfair or deceptive trade practice" and "unconscionable trade practice" mean "unfair or deceptive trade practice" and "unconscionable trade practice" as those terms are defined in Section 57-12-2 NMSA 1978.

History: 1953 Comp., § 40-21-25.5, enacted by Laws 1973, ch. 163, § 5; 1975, ch. 261, § 5; 1977, ch. 334, § 4; 1991, ch. 90, § 6.

Repeals and reenactments. — Laws 1973, ch. 163, § 5, repealed former 40-21-25.5, 1953 Comp., relating to labeling imitation Indian arts and crafts, and enacted a new 40-21-25.5, 1953 Comp.

The 1991 amendment, effective June 14, 1991, rewrote this section.