(1) Except as provided in Subsection (2) or (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ordinance, rule, or regulation adopted by a governing body of a political subdivision of the state or a state agency is superseded if: (a) the ordinance, rule, or regulation affects: (i) the minimum age of sale for a tobacco product, an electronic cigarette product, or tobacco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 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 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. Renumbered and
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