As used in the Tobacco Products Act:

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A. “child-resistant packaging” means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or

obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for a normal adult to use properly, but does not mean packaging or a container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time;

B. “contraband tobacco products” means any tobacco products possessed, sold, bartered or given in violation of the Tobacco Products Act;

C. “delivery sale” means a sale of tobacco products to a consumer in New Mexico in which:

(1)     the consumer submits an order for the sale by telephone, over the internet or through the mail or another delivery system; and

(2)     the tobacco product is shipped through a delivery service;

D. “delivery service” means a person, including the United States postal service, that is engaged in the delivery of letters, packages or containers;

E. “director” means the director of the alcoholic beverage control division of the regulation and licensing department;

F. “distribute” means to purchase and store a product and to offer the product for resale to retailers or consumers;

G. “distributor” means a person that distributes tobacco products in New Mexico, but does not include:

(1)     a retailer;

(2)     a manufacturer; or

(3)     a common or contract carrier;

H. “division” means the alcoholic beverage control division of the regulation and licensing department;

I. “e-cigarette”:

(1)     means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and

(2)     includes any such device, or any part thereof, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor; but (3)     does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.;

J. “electronic nicotine delivery system” means an electronic device, including e- cigarettes, whether composed of a heating element and battery or an electronic circuit, that provides a vapor or aerosol of nicotine, the use or inhalation of which simulates smoking;

K. “knowingly attractive to minors” means packaging or labeling that contains: (1)     a cartoon-like character that mimics characters primarily aimed at entertaining minors;

(2)     an imitation or mimicry of trademarks or trade dress of products that are or have been primarily marketed toward minors; or

(3)     a symbol or celebrity image that is primarily used to market products to minors;

L. “licensee” means a holder of a license issued by the division pursuant to the Tobacco Products Act;

M. “manufacturer” means a person that manufactures, fabricates, assembles, processes or labels tobacco products or imports from outside the United States, directly or indirectly, a tobacco product for sale or distribution in the United States;

N. “minor” means an individual who is younger than twenty-one years of age;

O. “nicotine liquid” means a liquid or other substance containing nicotine where the liquid or substance is sold, marketed or intended for use in an electronic nicotine delivery system;

P. “person” means an individual, corporation, firm, partnership, copartnership, association or other legal entity;

Q. “retailer” means a person, whether located within or outside of New Mexico, that sells tobacco products at retail to a consumer in New Mexico; provided that the sale is not for resale;

R. “self-service display” means a display to which the public has access without the assistance of a retailer or the retailer’s employee; and

S. “tobacco product” means a product made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including cigars, cigarettes, chewing tobacco, pipe tobacco, snuff, e-cigarettes or electronic nicotine delivery systems.