Title 76 - Utah Criminal Code - Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals - Part 1 - Cigarettes and Tobacco and Psychotoxic Chemical Solvents - Section 116 - Ordinances, rules, and regulations. (Effective 7/1/2020)


Published: 2020-07-01

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Utah Code

Page 1

Effective 7/1/2020 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body of a political subdivision of the state or a state agency is superseded if: (a) the ordinance, rule, or regulation affects: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.

Enacted by Chapter 302, 2020 General Session