(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that: (a) is not pure leaf kratom; and (b) does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product. (2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of: (a) a class B misdemeanor for the first violation; (b) a class A misdemeanor for a second violation; and (c) a third degree felony for any subsequent violation. (3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter. (4) (a) A kratom processor shall register as a food establishment in accordance with Section 4-5-301 and with the department as a kratom processor. (b) A kratom retailer shall register with the department as a kratom retailer. (c) The department may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004. (d) The department shall set a fee to register the following: (i) a kratom processor; and (ii) a kratom retailer. (e) The department shall: (i) set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the person is not registered as a kratom processor or kratom retailer with the department; and (ii) assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom product for sale in this state if the person is not registered as a kratom processor or kratom retailer. (5) Notwithstanding Subsection (1)(a), until March 6, 2027, a kratom processor may prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product if the kratom product: (a) is not offered for retail sale or distribution in this state; (b) is manufactured and distributed for lawful sale in another state; and (c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.