| (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ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if:
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Terms Used In Utah Code 76-10-116- Cigarette: means a product that contains nicotine, is intended to be heated or burned under ordinary conditions of use, and consists of:
| (a) | any roll of tobacco wrapped in paper or in any substance not containing tobacco; or |
| (b) | any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a). See Utah Code 76-10-101- Electronic cigarette: includes an oral device that is:
| (i) | composed of a heating element, battery, or electronic circuit; and |
| (ii) | marketed, manufactured, distributed, or sold as:| (D) | any other product name or descriptor, if the function of the product meets the definition of Subsection (4)(a). See Utah Code 76-10-101- Electronic cigarette product: means an electronic cigarette, an electronic cigarette substance, or a prefilled electronic cigarette. See Utah Code 76-10-101
- Land: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Tobacco paraphernalia: includes :
| (i) | metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; |
| (iii) | carburetion tubes and devices; |
| (iv) | smoking and carburetion masks; |
| (v) | roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand; |
| (xii) | ice pipes or chillers. See Utah Code 76-10-101- Tobacco product: means :
| (c) | tobacco in any form, including:| (ii) | any substitute for tobacco, including flavoring or additives to tobacco. See Utah Code 76-10-101 |
| (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). |
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| (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
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