Section 7-12-10.1 - Retention of invoices and records; inspection by department. - New Mexico Statutes

7-12-10.1. Retention of invoices and records; inspection by department.

A.     A manufacturer, distributor or retailer shall maintain copies of invoices for each of its facilities for every transaction involving a cigarette sale, purchase, transfer, receipt or consignment, except that a retailer need not retain copies of invoices for sales of cigarettes to consumers.  An invoice shall show: 

(1)     the names and addresses of all persons involved in the transaction, including the seller, purchaser, consignor and consignee.  If a transaction involves an additional facility of the same manufacturer, distributor or retailer, the invoice shall also show the address of the additional facility; 

(2)     the date; 

(3)     the price; and 

(4)     the quantity of each brand of cigarettes involved in each transaction.

B.     Records required to be maintained pursuant to Subsection A of this section shall be preserved on the premises described in the license in a manner that ensures permanency and accessibility for inspection at reasonable hours by the department. 

C.     The records required to be maintained pursuant to Subsection A of this section shall be retained for a period of three years from the end of the year in which the transaction occurred, unless otherwise required by law to be retained for a longer period of time.

D.     The department and the secretary of the United States department of the treasury, or a designee, may inspect the reports and records required pursuant to the Cigarette Tax Act along with any stock of cigarettes in the possession of the manufacturer, distributor or retailer.  The department, at its sole discretion, may share those records and reports with law enforcement officials of the federal government, other states and international authorities.