Violations

Kratom

Kratom Violations

Operating a kratom business in Utah requires strict adherence to the Utah Kratom Consumer Protection Act (KCPA) and the Kratom Retail Permit Rule (R66-50), the Kratom Product Registration and Labeling Rule (R66-51), and the Kratom Product Testing Rule (R66-52). 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 Constitutes a Violation?

The following actions and conditions are considered violations:

Retail Establishment:

  • An advertisement shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label.
  • Marketing or selling kratom products in Utah without a valid retailer permit.
  • Refusal of inspection of a retail establishment, product for sale, or a product storage area.
  • Selling kratom products that have any likeness bearing resemblance to a cartoon character or fictional character.
  • Selling kratom products that appear to imitate a food or other product that is typically marketed toward or appealing to an individual under 18 years of age.
  • Preparing, distributing, selling, or offering for sale a kratom product that would be potentially harmful to consumers.

Product:

  • Kratom products not meeting the labeling requirements shall be considered misbranded.
  • Kratom products shall be considered falsely advertised if they do not meet the labeling requirements.
  • Distributing or marketing a kratom product that is not registered with the department.
  • Distributing or marketing a kratom product that contains 7-OH at greater than 2% of the alkaloid composition.
  • Distributing or marketing a kratom product that has not been tested as required by Rule R66-52.
  • Distributing or marketing a kratom product that is marketed toward or is appealing to an individual under 18 years of age.
  • Submitting a fraudulent COA to the department.