Planning to sell or distribute plastic items or electronic cigarettes in New Mexico? In this guide, we take a closer look at product regulations applicable to nicotine liquids and single-use plastics in New Mexico.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in New Mexico. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
The New Mexico Statutes Chapter 57 sets out the packaging requirements for nicotine liquid. It covers most nicotine-liquid products such as e-cigarettes, e-vapes, and e-pipes.
The requirements are applicable to electronic products that release nicotine, and nicotine liquid containers. Here are some examples of covered products:
- Nicotine liquid containers
The statutes require that nicotine liquid containers should be designed as child-resistant containers, which are defined as a package or container that is designed to be difficult for children under five years old to open. However, such containers should be designed so that an adult can open them easily, within a reasonable time.
It is illegal to sell containers that are not children’s resistant and the penalty can reach one thousand dollars for each violation.
Single-Use Plastic Ban Ordinances
Several cities or counties in New Mexico published ordinances concerning the prohibition of single-use plastic bags. Such ordinances affect most retail businesses, including the ones selling clothing and household goods. Here are some cities and counties that ban plastic bags:
- Bernalillo county
- Deming city
- Santa Fe
- Silver city
Some cities and counties extended the ban to additional products. For example, Bernalillo County also bans polystyrene containers, and Taos also bans plastic straws, plastic stirrers, and styrofoam cups.
The ordinances cover the single-use plastic bags that are provided at the check stands, cash registers, or point of sales.
Retailers should not offer single-use plastic bags to customers. Instead, they should encourage their customers to use paper bags or reusable bags. Below we summarize the requirements of different ordinances, which apply to specific cities or counties.
Town of Silver City Ordinance Number 1231
From 2015, stores should offer recycled paper bags or cardboard boxes instead of single-use plastic bags. Customers are also encouraged to bring their own reusable bags when purchasing items from grocery stores.
The ordinance does not affect bags used for meat or other specialties.
Albuquerque Clean and Green Retail Ordinance
Starting in 2020, single-use bags for the purpose of carrying products from stores are banned. This applies to any bag, even compostable and biodegradable bags, with a thickness of less than 2.25 mm. The ordinance recommends customers bring their own reusable bags.
Restaurants, snack bars, food trucks, and bakeries are exempted from the ban.
Bernalillo County Ordinance Number 201.9-15
From 2020, retailers in Bernalillo County are required to stop providing single-use plastic bags and single-use polystyrene containers to customers. Retailers should provide the following items as replacements:
- Reusable bags
- Reusable containers
- Compostable bags
- Cardboard boxes
Retailers may charge a fee of $0.05 per item.
Deming Elimination of Plastic Carryout Bags Ordinance
From 2020, the city of Deming council prohibits the use of plastic carryout bags at any retail or wholesale establishment, such as grocery stores and restaurants. They should not provide single-use plastic bags to consumers, and may replace them with the following items:
- Plastic bags (at least two mm in thickness)
- Non-plastic reusable bags
- Recyclable paper bags
- Cardboard boxes
Santa Fe Reusable Bag Ordinance Number 2015-12
Starting in 2021, the city of Santa Fe requires that a retail establishment should not provide single-use plastic carryout bags to customers. Also, retailers are eligible to charge an environmental service fee of ten cents for each paper grocery bag provided.
Retailers should encourage customers to use reusable bags for carryout items.
Taos Ordinance Number 20-05
From 1 November 2021, the town of Taos prohibits the use and sale of single-use plastic carryout bags, plastic straws, plastic stirrers, and styrofoam cups. Retailers should not provide or sell single-use plastic items covered by the ordinance, singularly or in bulk. Retailers are encouraged to offer reusable bags free or for sale at checkout counters.
This ordinance does not cover the following bags:
- Laundry dry cleaning bags
- Door-hanger bags
- Newspaper bags
- Pet waste bags
|Single-Use Plastic Ban Ordinances||Link|