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.]
Structure Idaho Code
Chapter 57 - PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES
Section 39-5701 - LEGISLATIVE FINDINGS AND INTENT.
Section 39-5702 - DEFINITIONS.
Section 39-5703 - POSSESSION, DISTRIBUTION, OR USE BY A MINOR.
Section 39-5704 - PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS.
Section 39-5705 - SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.
Section 39-5706 - VENDOR-ASSISTED SALES.
Section 39-5707 - OPENED PACKAGES AND SAMPLES.
Section 39-5708 - CIVIL PENALTIES FOR VIOLATIONS OF PERMIT.
Section 39-5709 - CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.
Section 39-5710 - CONDUCT OF ENFORCEMENT ACTIONS.
Section 39-5712 - SEVERABILITY.
Section 39-5713 - LOCAL ORDINANCES PROHIBITED.
Section 39-5714 - REQUIREMENTS FOR DELIVERY SALES.
Section 39-5715 - AGE VERIFICATION REQUIREMENTS.
Section 39-5716 - DISCLOSURE AND NOTICE REQUIREMENTS.
Section 39-5717 - SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES.