Section 57-2B-2 - Definitions. - New Mexico Statutes

57-2B-2. Definitions. 

As used in the Fire-Safer Cigarette and Firefighter Protection Act:

A.     "agent" means any person authorized by the taxation and revenue department to purchase and affix stamps on packages of cigarettes;

B.     "cigarette" means:

(1)     any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(2)     any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in Paragraph (1) of this subsection;

C.     "manufacturer" means:

(1)     any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced that are intended to be sold in New Mexico, including cigarettes intended to be sold in New Mexico through an importer; or

(2)     any entity that becomes a successor of an entity described in Paragraph (1) of this subsection;

D.     "quality control and assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing and that the testing repeatability remains within the required repeatability values in Subsection C of Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act for all test trials used to certify cigarettes under that act;

E.     "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

F.     "retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products;

G.     "sale" or "sell" means a transfer of or an offer or agreement to transfer title or possession by exchange, barter or any other means.  In addition to cash and credit sales, giving cigarettes as samples, prizes or gifts and exchanging cigarettes for any consideration other than money is a "sale"; and

H.     "wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines on premises owned or occupied by another person.