A. Except as provided in Subsections B and C of this section:

(1) a person shall not sell tobacco products, e-cigarettes or nicotine liquid containers 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, e-cigarettes or nicotine liquid containers. 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, e-cigarettes and nicotine liquid containers may be sold by vending machines only in age-controlled locations where minors are not permitted.

C. The provisions of this section do not apply to written, telephonic or electronic sales of tobacco products.

History: Laws 1993, ch. 244, § 7; 2003, ch. 364, § 1; 2015, ch. 98, § 6.

The 2015 amendment, effective June 19, 2015, placed restrictions on the sale of e-cigarettes or nicotine liquid containers; in the catchline, after "products,", added "e-cigarettes and nicotine liquid containers"; added "e-cigarettes or nicotine liquid containers" throughout the section; in Subsection B, after "vending machines", deleted "in the following locations"; deleted Paragraphs (1) and (2) of Subsection B; deleted the paragraph designation from Paragraph (3); in the language from former Paragraph (3), after "not permitted", deleted "unless accompanied by a parent or guardian"; and in Subsection C, after "electronic sales", deleted "of tobacco products".

The 2003 amendment, effective January 1, 2004, redesignated former Subsection A as present Subsection B; inserted present Subsection A; in present Subsection B, deleted former Paragraph B(3) which read "in locations where alcoholic beverages are offered for sale for the purpose of consumption on the premises", redesignated former Paragraph B(2) as Paragraph B(3) and added present Paragraph B(2) and Subsection C.