TITLE 39

HEALTH AND SAFETY

CHAPTER 57

PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES

39-5713.  Local ordinances PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or electronic smoking devices. This section shall not be construed to prevent a local unit of government from regulating the use of tobacco products or electronic smoking devices in any public place pursuant to section 39-5511, Idaho Code, or in any other public outdoor area. Nothing in this section shall preclude or preempt any local, county, or municipal government from exercising its lawful authority to regulate zoning or land use.

History:

[39-5713, added 1998, ch. 418, sec. 2, p. 1321; am. 2012, ch. 39, sec. 7, p. 121; am. 2022, ch. 191, sec. 1, p. 627.]