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Kratom

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Protecting consumer health is the core mission of the Utah Kratom Consumer Protection Act. The Utah Department of Agriculture and Food, through its Division of Specialized Products, empowers consumers with regulatory education and enforces strict standards to ensure the safety, purity, and truthful labeling of kratom products in Utah.

What is Kratom?

Mitragyna speciosa, a tropical evergreen tree belonging to the Rubiaceae (coffee) family, is native to Southeast Asia. Indigenous to countries including Cambodia, Thailand, Indonesia, Malaysia, Myanmar, and Papua New Guinea, its leaves, known as kratom, have a history of use in traditional medicine dating back to at least the 19th century. Traditionally, kratom has been consumed through chewing, smoking, or brewing as a tea.

Utah Kratom Consumer Protection Act Implementation:

The Utah Department of Agriculture and Food (UDAF) regulates kratom products in Utah under the Kratom Consumer Protection Act, established by Senate Bill 58 of the 2019 general legislative session, effective May 14, 2019. UDAF is responsible for setting fees, establishing standards, and enforcing regulations to ensure consumer safety.

Registration Requirement:

  1. Retail Establishments: Businesses selling kratom products to consumers (end users) must complete the registration form.
  2. Manufacturers: Entities engaged in distributing, extracting, holding, formulating, mixing, or white labeling kratom must register as a manufactured food establishment through the Manufactured Food Regulatory Program webpage.
  3. Product Registration: Once a kratom food establishment is registered, all kratom products sold must be registered with the Kratom Program.

Approved Kratom Delivery Forms:

  • Capsule
  • Concentrated
  • Extract
  • Gummy
  • Liquid
  • Powder
  • Raw leaf
  • Tablet
  • Tea bag

For information regarding the Utah Kratom Consumer Protection Act, refer to Utah Agricultural Code Chapter 45 and Rule R70-580.

  • If your establishment is distributing, extracting, holding, formulating, mixing, or white labeling Kratom products your facility will fall under the "Kratom Manufacturing Food Establishment"
  • If your establishment is retailing an end product (already packaged and labeled) to the end user, your facility will fall under the "Kratom Retail Food Establishment".

If you are unsure please contact regulatory services: [email protected]

 

Registering Kratom Manufacturing Food Establishment:

Manufacturer Establishment: distributing, extracting, holding, formulating, mixing, or white labeling kratom must be registered as a manufactured food establishment. Please go to the Manufactured Food Regulatory Program webpage to register.

Registering Kratom Retail Food Establishment:

Retail Establishments: offering Kratom products for sale to the end user, must fill out this form.

    • Once approved as a Kratom Retail Food Establishment an invoice will be sent via email for payment.

Register products following these steps:

  1. Click here to access the Product Registration web page.
  2. First-time registrants click "New Registrant" "First Registration". Returning registrants click "My Registration" "My Product List".
  3. Fill in all boxes "Save" on the bottom Tab.
  4. Click on the bottom tab labeled, "Kratom Products"
  5. Next page under "Product" Enter the name of the product.
  6. Products that contain the same formulation & brand name but different volumes/sizes only require one registration next to the label name, enter in each size.
  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, or gummy.)
  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 to [email protected].)
  10. Enter your payment information.
  11. To finish processing the application, using the brand name as the subject, email the following to [email protected]:
      • Product Labels* (compliant with Rule R70-580-6)
      • Product COAs* (compliant with Rule R70-580-5, from an ISO/IEC 17025:2017 accredited lab)
      • Payment confirmation

*Important: Label files as "Product Name - Label" and "Product Name - COA". Ensure the product name matches the COA and Label.

An email with the Registration Certificate will be emailed once approved.

R70-580-8 Inspection and Testing
R70-580-8 (1) The department shall conduct a randomized inspection of the kratom product distributed or available for distribution for compliance with this rule.
R70-580-8 (2) The department shall periodically sample, analyze, and test a kratom product distributed for compliance with registration and labeling requirements and the certificate of analysis.
R70-580-8 (3) The department may conduct an 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.
R70-580-8 (4) The test results from the department inspection samples shall be the official sample results.
R70-580-8 (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.
R70-580-10 (1) Each improperly labeled kratom product shall be a separate violation of this rule.
R70-580-10 (2) A kratom product shall be considered misbranded if it does not meet the labeling requirements of this rule.
R70-580-10 (3) A kratom product shall be considered adulterated based on the definition in Subsection 4-5-103(1).
R70-580-10 (4) It is a violation to distribute or market a kratom product that is not registered with the department.
R70-580-10 (5) 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.
R70-580-10 (6) (a) (b) (c) (d) (e) (f) 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 any food consumed for taste, aroma, and nutritive value
(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 Subsection 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.
R70-580-11 Any violation of or failure to comply with this rule or any specific requirements may be grounds for issuance of citations, fines, recall of kratom product, revocation of registration, or denial of future registration pursuant to Sections 4-2-303 and 4-2-304.

Click here to view all Kratom Program Newsletters.