Section 76-10-116 - 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ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if: (a) the ordinance, rule, or regulation affects:(i) the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco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.Added by Chapter 302, 2020 General Session ,§ 31, eff. 7/1/2020.