This section provides answers to common questions regarding the Utah Kratom Consumer Protection Act (KCPA) and the regulation of kratom products in Utah.

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What products require separate registrations?

As per Rule R66-51, a separate registration fee is required for each uniquely labeled kratom product. Product sizes for an identical label are not considered unique and do not require separate registrations.

Examples:

• • One Registration: “Green Powder” sold in 100g, 200g, and 1kg sizes, all with the same label design and product name, requires 1 registration.
  • Two Registrations: “Green Powder” (100g, 200g, 1kg) and “Green Capsule” (10ct, 50ct, 100ct) would require 2 separate registrations because they are distinct product forms.
  • Four Registrations: “Green Powder” (100g, 200g, 1kg); “Green Capsule” (10ct, 50ct, 100ct);  “Red Powder” (100g, 200g, 1kg) and “Red Capsule” (10ct, 50ct, 100ct) would require 4 separate registrations because they are distinct product forms/labels.

How long is a product registration valid?

Product registration in Utah is based on the state’s fiscal year. A registration is valid from the date of approval until June 30th of each year.

A new registration, including payment of the non-refundable fee, is required annually for each registered product. Renewals for the upcoming fiscal year typically begin on May 1st.

Please note that fees cannot be prorated if you register a product late in the fiscal year.

Are there any types of kratom products or delivery forms that are not allowed?

Yes, Rule R66-51 specifically prohibits certain forms of kratom products. Prohibited delivery forms include:

• • Any form that is combustible or intended to be used for vaporization.
  • Any form that mimics a candy product or is manufactured, packaged, or advertised in a way that appeals to an individual under 18 years of age.

Are there any compounds or ingredients that are not allowed or limited in kratom products?

Yes, the Utah Kratom Consumer Protection Act (Section 4-45-104) and Rule R66-52 outline limited/prohibited ingredients.

A kratom product is considered adulterated and prohibited if it contains:

• • Substances that affect the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.
  • Poisonous or otherwise deleterious ingredients, including any controlled substance as defined in Section 58-37-2 and psilocin, muscimol, ibotenic acid, muscarine, any cannabinoids, or anything else the department deems to be deleterious.
  • 7-hydroxymitragynine in the alkaloid fraction greater than 2% of the alkaloid composition of the kratom product.
  • Synthetic alkaloids, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the Kratom plant.

What are the penalties for non-compliance with the KCPA?

Non-compliance with the Utah Kratom Consumer Protection Act can result in:

• • An administrative fine for selling an unregistered kratom product (Section 4-45-108).
  • Seize and destroy any unregistered kratom product offered for sale in the state (Section 4-45-108).
  • Initiate a recall of kratom products (Section 4-45-107).
  • Revoke existing registrations or deny future registrations (Section 4-45-107).
  • A class C misdemeanor for each product found in violation of Section 4-45-104.
  • A class C misdemeanor for anyone found to be selling to anyone under the age of 18 (Section 4-45-105)

What is the minimum age to purchase kratom in Utah?

According to Section 4-45-105(1), A kratom processor may not distribute, sell, or offer for sale a kratom product to an individual under 18 years of age.

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