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2024 Utah Code
Title 4 - Utah Agricultural Code
Chapter 45 - Kratom Consumer Protection Act
Section 104 - Kratom processor requirements -- Criminal penalty.
Universal Citation:
UT Code § 4-45-104 (2024)
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Effective 5/14/2019
4-45-104. Kratom processor requirements -- Criminal penalty.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
4-45-104. Kratom processor requirements -- Criminal penalty.
- (1) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product:
- (a) that is mixed or packed with a nonkratom substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer;
- (b) that contains a poisonous or otherwise deleterious nonkratom ingredient, including a controlled substance as defined in Section 58-37-2;
- (c) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product;
- (d) containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or
- (e) that 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 who violates Subsection (1) is guilty of a class C misdemeanor for each violation.
- (3) A kratom processor does not violate Subsection (1) if the kratom processor shows by a preponderance of the evidence that the kratom processor relied in good faith upon the representation of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.
- (4) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter.
- (5) A kratom processor shall register as a food establishment in accordance with Section 4-5-301.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
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