Kratom processor and kratom retailer requirements -- Criminal penalty.
Utah Code § 4-45-104
in effect4-45-104. Kratom processor and kratom retailer requirements -- Criminal penalty.
(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.
Amended by Chapter 362, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title4/Chapter45/4-45-S104.html?v=C4-45-S104_2026050620260506Fetched: 10/26/2026