76-9-1119. Ordinances, rules, and regulations.
(1) Except as provided in Subsectionor (3), an ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if: (2) the ordinance, rule, or regulation affects: the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco paraphernalia; the provision or sale of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; the flavoring of a tobacco product or an electronic cigarette product; the purchase or possession of a tobacco product, an electronic cigarette product, or tobacco paraphernalia; or the placement or display of a tobacco product or an electronic cigarette product; and the ordinance, rule, or regulation is not essentially identical to a 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 Subsectionsthroughif 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. (1)(a)(i) (v)
(3) Subsectiondoes not apply to the adoption or enforcement of a land use ordinance by a municipal or county government. (1)