Reference to new ABC Rules for Tobacco Product Act

Reference to new ABC Rules for Tobacco Products Act

After review of feedback received during the public comment period, the finalized Rules with submission documents were filed with the New Mexico Commission for Public Records on 12/17/2020, copies below:

15.8.2 New Rule
15.8.3 New Rule
15.8.4 New Rule
15.8.5 New Rule
15.8.6 New Rule
15.8.7 New Rule
15.8.8 New Rule

NOTICE OF PROPOSED RULEMAKING

Public Hearing.  The Division held a Public Hearing on Monday, November 30, 2020 from 2:00 p.m. to 5:00 p.m. held virtually, due to the concerns surrounding COVID-19 and in accordance with Governor Michelle Lujan-Grisham’s Executive Order 2020-004, Declaration of a Public Health Emergency, and the Public Health Emergency Order to Limit Mass Gatherings due to COVID-19.  Attendees were able to provide public comment on record and submit written comments.

NM RLD ABC - Rule Making Hearing 11-30-20

The ABC will review all feedback received during the public comment period and issue communication regarding a final decision at a later date.

For copies of the proposed rules may be obtained from Phillip Sanchez at (505) 476-4547 during regular business hours.

Individuals with disabilities who require the above information in an alternative format or need any form of auxiliary aid to attend or participate in the public hearing are asked to contact Phillip Sanchez (505) 476-4547 as soon as possible before the date set for the public hearing.  The ABC requires at least 10 calendar days advance notice to provide any special accommodations requested.

Proposed Rules

View Exhibits 1 - 10

Public Comments

Public Comments - 39 pages
Includes:

Comment – A. Rollstin
Comment – C. Jacques
Comment – D. Cope
Comment – D. Gallegos
Comment – D. Harrell
Comment – D. Valdez
Comment – E. Keller
Comment – G. Lauria
Comment – I. Engle
Comment – J. Martinez

Comment – K. Judy B.
Comment – K. Oueis
Comment – K. Stichman
Comment – K. Winfrey
Comment – L. Aikin
Comment – L. McCloskey
Comment – L. Meyer
Comment – L. Welle
Comment – M. Bissell
Comment – M. Pilkington

Comment – M. Sita
Comment – M. Sita(2)
Comment – M. Sita(3)
Comment – M. Wyse
Comment – N. Link
Comment – P. Gilliland
Comment – P. Torn
Comment – S. Skarbek-Borowska
Comment – S. Styer
Comment – J. Howell

Explanation of Purpose and Summary of Text

The purpose of the proposed new rule 15.8.2 NMAC, Definitions, is to provide definitions for frequently used terms and key terms to be used in the licensing and regulation of tobacco products not defined by the Tobacco Products Act. Such terms include, but are not limited to: age-controlled locations, approved operator, director, division, employee, licensed location, manufacture, and school.

The purpose of the proposed new rule 15.8.3 NMAC, Applications and Renewals, is to establish a procedure and requirements necessary for businesses to apply for, and renew, licenses allowing them to manufacture, distribute, and retail tobacco products. The process for renewal of licenses also creates a timeframe in which licensee will need to submit their renewal application, before a license is set to expire.

The purpose of the proposed new rule 15.8.4 NMAC, General Operations Requirements, is to establish general requirements all establishments, issued a license pursuant to the Tobacco Products Act, must abide by, as to: who may operate the establishment, lighting conditions of the establishment, sanitation requirements, as well as what things must be displayed to be viewed by the public.

The purpose of the proposed new rule 15.8.5 NMAC, Prohibited Acts, is to provide tobacco products manufacturers, distributors, and retailers notice of prohibited actions. Establishments cannot sell tobacco products without first obtaining a license. Once an establishment obtains a license, they are limited to the types of sales allowed by that license. No matter the type of license an establishment cannot provide free samples of tobacco products without approval from ABC, sale tobacco products knowingly attractive to minors, sale tobacco products no longer in their original sealed packages, sale tobacco products that are not in child-resistant packaging, sale tobacco products to minors, or fail to verify that the customer buying tobacco products is at least 21 years of age.

The purpose of the proposed new rule 15.8.6 NMAC, Fines and Penalties, is to establish general schedule for fines and penalties issued by ABC for various violations of the Tobacco Products Act, as well as establish when fines and penalties may be compromised or enhanced due to the nature, facts, and surrounding circumstances of the violation.

The purpose of the proposed new rule 15.8.7 NMAC, Hearing Procedure, is to establish the process for disposition of violations of the Tobacco Products Act. The process includes all steps from a violation being reported to ABC, through informal negotiations to resolve a citation for a violation, to the administrative proceedings to formally resolve a citation for a violation, to the issuing of a final order on the violation.

The purpose of the proposed new rule 15.8.8 NMAC, Miscellaneous Fees, is establish a basic schedule of fees to be charged by ABC in order to process various applications, documents, and information in order to carry out the duties of the Tobacco Products Act. These feels include, but are not limited to, initial application fees for licenses and renewal application fees for licenses.

Statutory Authorization(s):

Sections 61-37-13, 61-37-22 NMSA 1978.

No technical information served as a basis for this proposed rule change.

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