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Kratom

 

The purpose of the Utah Kratom Consumer Protection Act is to safeguard public health. This page provides consumers a high level of confidence through regulatory education. Utah Department of Agriculture and Food, Division of Regulatory Services is committed to ensure Kratom products being prepared and sold in Utah are safe, unadulterated and honestly presented.

 

 

What is Kratom?

Kratom (Mitragyna speciosa) is a tropical evergreen tree in the coffee family. It’s native to Thailand, Myanmar, Malaysia, and other South Asian countries. The leaves, or extracts from the leaves, have been used as a stimulant and a sedative. It’s also been reported for treating chronic pain, digestive ailments, and as an aid for withdrawal from opium dependence.

How is the program implemented?

  1. Processor: Establishments offering Kratom products for sale (End product or whole sale), extracting, mixing, formulating, white labeling, or holding Kratom product must be registered with regulatory services as a "Kratom food establishment," this can be done  here. * Fees are based on size of the facility and processing methodology.

  2. Product Registration: Once registered as a Kratom food establishment, Kratom products being sold must be registered with UDAF, this can be done here. * There is a $260.00 fee Per formulation.

Why is Kratom in Utah?

Established under Senate Bill 58 of the 2019 general session of the Utah State Legislation. The Kratom Consumer Protection Act was voted into law effective May 14, 2019. This Law designated the Utah Department of Agriculture and Food to establish a set fee and create standards for registering a Kratom Product by making rules to administer and enforce the Kratom Consumer Protection Act.

Approved Kratom Delivery Forms:

  • Concentrate

  • Tablet

  • Tea Bag

  • Raw Leaf

  • Powder

  • Liquid Tincture

  • Extract

  • Capsule

Utah Agricultural Code Chapter 45:  Kratom Consumer Protection Act - Click here to view.

If you are selling Kratom products in your establishment
you must complete the steps below.

  • If your establishment is retailing end product ( already packaged and labeled) to customers, your facility will fall under the "Kratom Retail Food Establishment".

  • If your establishment is extracting, mixing, formulating, white labeling, or holding Kratom product your facility will fall under the "Kratom Food Establishment".

Registering Kratom Retail Food Establishment in the following steps:

  1. Contact regulatory services to schedule an inspection.

  2. Fill out the "Food registration form" here.

  3. Walk through inspection with the inspector at the Kratom retail food facility.

  4. Once approved as a Kratom retail food establishment a bill will be sent for payment.

  5. Once the bill has been received click below on "Pay Online" (You will need to have your "pin" from the bill you received, if you do not have the assigned pin please call UDAF.)

Establishments retailing ready to sale Kratom products in
Utah must complete the steps below.

*Labeled and sealed in the container.

Registering your products in these steps:

  1. Click on the "New Registrant" tab below.

  2. Fill in the contact information. (This will take you to the Product Registration web page.)

  3. Put in the quantity of Kratom products being registered. (Products that contain the same formulation & brand name but different volumes/sizes only require one registration.)

  4. Fill in the Legally responsible person, click "Save" on the bottom Tab.

  5. Click on the bottom tab labeled, "Kratom Products"

  6. Next page under "Product" Enter the name of the product.

  7. Under "Code" enter in the form the Kratom product is in, repeat for all Kratom products being registered. (Raw Leaf, Capsule, Tablet, Powder, Liquid Tincture, Tea Bag, Concentrated Oil, Extract form.)

  8. Take note of your "Registration ID" and "Temporary Pin". (This will be necessary to log back in.)

  9.  Click on "Pay and save products." (Labels and COA's CANNOT be uploaded on this application they must be emailed via the email address below)

  10. Enter your payment information. (The application will not be reviewed until payment is received)

In order to process your application send your labels and COA's to: udaf-kratom@utah.gov.  You will be emailed your certificate of registration once approved.

 

To process the application send the labels and COA's, the brand name as the subject line to: UDAF-Kratom@utah.gov. An email with the certificate of registration will be sent once approved.

Inspection and Testing.

                     1)  The department shall conduct randomized inspection of the kratom product distributed o r available for distribution in the state for compliance with this rule.

                     2)  The department shall periodically sample, analyze, and test a kratom product distributed within Utah for compliance with registration and labeling requirements and the certificate of analysis.

                     3)  The department may conduct inspection of any kratom product distributed or available for distribution if there is any reasonable basis to suspect that the kratom

product is unsafe or that ingredients violate state law or rules.

                     4)  The test results from the department inspection samples shall be the official sample results.

                     5)  Upon request, a kratom processor shall provide documentation certifying that any batch of kratom raw materials acquired pursuant to a compliant specification purchase that is used to process or manufacture a kratom product is compliant with Section R70-580-5.

R70-580-10.  Violation.

                     1)  Each improperly labeled kratom product shall be a separate violation of this rule.

                     2)  A kratom product shall be considered misbranded if it does not meet the labeling requirements of this rule.

                     3)  It is a violation to distribute or market a kratom product that is not registered with the department.

                     4)  Each unit manufactured or processed from a batch of raw material or on a single retail invoice shall be considered a separate violation of this rule for an

unregistered product marketed for sale.

                     5)  It is a violation:

                     a)  to prepare, distribute, sell, or offer for sale a kratom product that violates Subsection 4-45-104 (1);

                     b)  to prepare, distribute, sell, or offer for sale a kratom product that is not in an approved kratom delivery form, including adding or processing kratom into another form of food;

                     c)  to prepare, distribute, sell, or offer for sale a kratom product that would be potentially harmful to consumers;

                     d)  for a kratom processor to fail to register as a food establishment pursuant to Section 4-5-301 or R70-580-4(2);

                     e)  for a kratom processor to distribute, sell, or offer for sale a kratom product to an individual under 18 years of age; and

                     f)  for a kratom processor to improperly sample, test, falsify a certificate of analysis, or knowingly submits a falsified certificate of analysis for a kratom product.

R70-580-11.  Penalties.

                     Any violation of or failure to comply with any provision of this rule or any specific requirements, may be grounds for issuance of citations, fines, revocation of registration, or denial of future registration pursuant to Section 4-2-303 and 4-2-304.