Utah Code § 4-45-104

This is the official text of Utah Code § 4-45-104, part of Utah’s Code — part of the compiled statutory law of Utah, published by the state as "Code." Browse the sections below, each linked to its official government source.

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§ 4-45-104. Kratom processor and kratom retailer requirements -- Criminal penalty.

Official statutory text

(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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.