As used in the Tobacco Products, E-Cigarette and Nicotine Liquid Container Act:

A. "child-resistant" means a package or 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 normal adults to use properly, but does not mean a package or container that all such children cannot open or obtain a toxic or harmful amount within a reasonable time;

B. "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. Section 301 et seq.;

C. "minor" means an individual who is less than eighteen years of age; and

D. "nicotine liquid container" means a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette.

History: Laws 1993, ch. 244, § 2; 2015, ch. 98, § 2.

Cross references. — For the federal Food, Drug, and Cosmetic Act, see 42 U.S.C. § 301 et seq.

The 2015 amendment, effective June 19, 2015, amended the definitions section to include e-cigarette products; in the catchline, changed "definition" to "definitions"; in the introductory sentence of the section, after "Products,", added "E-Cigarette and Nicotine Liquid Container"; added new Subsections A and B; designated the previously undesignated definition of "minor" as Subsection C, and after "age;", added "and"; and added Subsection D.

Temporary provisions. — Laws 2015, ch. 98, § 13 provided that not later than August 1, 2015, the public education department shall revise its tobacco, alcohol and drug free school districts policy to include e-cigarettes and nicotine liquid containers, as defined in Section 30-49-2 NMSA 1978.