Section 116 – Ordinances, rules, and regulations.

• (1) Except as provided in Subsection (2), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if:
  • (a) the ordinance, rule, or regulation affects:
    • (i) the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
    • (ii) the provision or sale of a tobacco product, an electronic cigarette product, or tobacco paraphernalia;
    • (iii) the flavoring of a tobacco product or an electronic cigarette product;
    • (iv) the purchase or possession of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; or
    • (v) the placement or display of a tobacco product or an electronic cigarette product; and
  • (b) the ordinance, rule, or regulation is not essentially identical to any state statute relating to the applicable subject described in Subsection (1)(a).

• (2) A governing body of a political subdivision of the state or a state agency may adopt an ordinance, rule, or regulation on a subject described in Subsections (1)(a)(i) through (v) if the governing body of a political subdivision of the state or a state agency is authorized by statute to adopt the ordinance, rule, or regulation.

• (3) Subsection (1) does not apply to the adoption or enforcement of a land use ordinance by a municipal or county government.

Enacted by Chapter 302, 2020 General Session