Full text of Utah Utah Code § 4-45-104 — Kratom processor and kratom retailer requirements -- Criminal penalty., with citation guidance and answers to common questions.
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.
Section 4-45-104 ("Kratom processor and kratom retailer requirements -- Criminal penalty.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-45-104?
A common citation format is "Utah Code § 4-45-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-45-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
