As used in this act [57-8-1 to 57-8-6 NMSA 1978]:

A. the term "trading stamp" means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article, in advertising or selling it, or any redeemable device issued and redeemed by a newspaper, magazine or other publication;

B. the term "trading stamp company" means any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers in any way or under any guise;

C. the term "person" means any individual, partnership, corporation, association or other organization.

History: 1953 Comp., § 49-9-1, enacted by Laws 1959, ch. 79, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Junior stamp plan not subject to New Mexico Trading Stamp Act. 1962 Op. Att'y Gen. No. 62-35.

Retail store issuing own stamps not subject to act. — A retail store which issues its own trading stamps and redeems them at its own store is not within the purview of the act. 1959 Op. Att'y Gen. No. 59-141.

Several stores establishing stamp system subject to act. — When several stores establish a trading stamp system where the stamps may be redeemed at any one of the several issuing stores, then each store is redeeming for the other and is subject to this statute. 1959 Op. Att'y Gen. No. 59-141.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Occupations, Trades and Professions §§ 79 to 88.

Constitutionality of trading stamp legislation, 26 A.L.R. 707, 124 A.L.R. 345, 133 A.L.R. 1087.

Giving of trading stamps, premiums, or the like, as violation of Fair Trade Law, 22 A.L.R.2d 1212.

Giving of trading stamps, premiums, or the like, as violation of statute prohibiting sales below costs, 70 A.L.R.2d 1080.

87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 244, 257.