New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 7 - COMPARATIVE PRICE ADVERTISEMENTS AND SAVINGS CLAIMS FOR THE NATIVE AMERICAN JEWELRY AND ARTS AND CRAFTS RETAIL INDUSTRY
Section 12.2.7.7 - DEFINITIONS

A. "Advertisement" means any statement, offer, sales presentation or representation, whether oral or written, regardless of medium or form, concerning or related to any good offered for sale or lease, including, but not limited to, any statement or representation contained on any label, tag or sign, or in any catalog or other printed material, or whether through any electronic transmission or medium, including, but not limited to, television, radio, facsimile or electronic data transmission over a modem or electronic mail, the purpose of which is to promote, describe or characterize the good in order to induce the public to buy or lease it, or otherwise to give consideration to the offer for the good.

B. "Clearly and conspicuously" means that the statement, representation or term being disclosed is reasonably understandable, is in such size, color contrast or audibility, is so placed and represented as to be readily noticeable, is in close proximity to the information it modifies, and, where applicable, is of a sufficient duration as to be reasonably understandable.

C. "Comparable good" means a good that is substantially identical in composition, style, design, model, kind, variety, service or performance characteristics to the good to which it is compared in any advertisement.

D. "Good" means any item or article of jewelry, including, but not limited to, necklaces, earrings, bracelets, pendants, broaches, rings and pins. "Good" means also any Native American or southwestern style art or craft object or article, including, but not limited to, kachinas, fetishes, pottery and drums, whether or not the object or article is "Indian handmade" or "Indian crafted", as defined by New Mexico Indian Arts and Crafts Sales Act, Section 30-33-4 NMSA 1978.

E. "List price" means a price given to a retailer by a manufacturer, supplier or other non-retail distributor as a suggested retail price for the good and includes the term "manufacturer's suggested retail price".

F. "Native American jewelry and arts and crafts" means such goods meeting the criteria of of the Indian Arts and Crafts Sales Act, Section 30-33-4 NMSA 1978, for "Indian handmade" and "Indian crafted" and all other jewelry and arts and crafts which, although they do not qualify as "Indian handmade" or "Indian crafted", are made or manufactured to appear to be in the Native American style.

G. "Price comparison" means an express or implied comparison in any advertisement (whether or not expressed wholly or in part in dollars, cents, fractions or percentages) of a seller's current price for a good with any reference price, whether or not the price is actually stated in the advertisement.

H. "Reasonably substantial period of time" means 90 consecutive days.

I. "Reference price" means the price or other description of value of a good to which a seller compares its current price in an advertisement.

J. "Regular price" means the price at which a seller offered the good for a reasonably substantial period of time in the recent, regular course of its business, openly, actively and in good faith, with an intent to sell such good or product at that price.

K. "Seller" means any person who offers to sell, or sells, and in doing so disseminates advertisements for any good (as defined in Subsection D of 12.2.7.7 NMAC) in New Mexico, whether or not the sale of goods as defined herein is the seller's primary business. "Seller" may include any officer, agent, employee, sales person or representative of the seller, and any advertising agency employed by a seller.

L. "Trade area" means the geographic area where a seller's outlets are located.

M. "Wholesale" means the sale of goods to a retail merchant who intends to resell the merchandise to the public at a higher retail price.