{"data":{"id":"us-ut/utah-code-4-45-104","jurisdiction":"us-ut","citation":"Utah Code § 4-45-104","heading":"Kratom processor and kratom retailer requirements -- Criminal penalty.","body":"(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that:\n(a) is not pure leaf kratom; and\n(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.\n(2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of:\n(a) a class B misdemeanor for the first violation;\n(b) a class A misdemeanor for a second violation; and\n(c) a third degree felony for any subsequent violation.\n(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.\n(4)\n(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.\n(b) A kratom retailer shall register with the department as a kratom retailer.\n(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.\n(d) The department shall set a fee to register the following:\n(i) a kratom processor; and\n(ii) a kratom retailer.\n(e) The department shall:\n(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\n(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.\n(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:\n(a) is not offered for retail sale or distribution in this state;\n(b) is manufactured and distributed for lawful sale in another state; and\n(c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.","path":["Title 4 Utah Agricultural Code","Chapter 4-45 Kratom Regulation Act"],"source_url":"https://le.utah.gov/xcode/Title4/Chapter45/4-45-S104.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"e7653d3e830825f265286f5c255607925c11eccf876c1077811def10759b6c07","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-4-45-103","next":"us-ut/utah-code-4-45-105"},"notice":"GroundRules: Original legal text. Not legal advice."}