The Utah Department of Agriculture & Food (UDAF) has implemented new requirements for kratom processors and retailers, as well as for specialized product retailers. Both come as results of legislation passed this year by the Utah Legislature.
The regulations that went into effect on May 6 ban any kratom product that is not “pure leaf kratom” as defined in Utah Code Section 4-45-102. Pure leaf kratom products are those that are identifiable as plant matter and are not mixed with other substances. Under the new law, kratom extracts or products made from extracts are not considered pure leaf kratom and cannot be sold. Additionally, kratom products may be sold only by retailers that are registered as a retail tobacco speciality business (RTSB).
To help kratom processors transition as these changes are implemented, products not considered pure leaf kratom may continue to be manufactured in Utah until March 2027, but may not be sold here.
“These changes to the kratom law are significant, but necessary to keep the public safe. UDAF is committed to helping kratom processors and retailers understand the requirements and navigate the changes successfully,” UDAF Commissioner Kelly Pehrson said in a release.
“Specialized products” as defined by HB385 include cannabinoid products, kratom and tobacco products, electronic cigarettes, and other substances described in the bill. The regulations include a requirement that all specialized product retailers obtain a new license from UDAF in addition to all other required licenses. The new license will require payment of a fee between $300 and $2,500, depending on the type of products sold. Licensed retailers will also need to provide UDAF with a list of specialized products they sell as well as ingredient information, if requested. Specialized product retailers must be in compliance with the new regulations to continue or initiate product sales in Utah.
“Our goal is to provide retailers with clear guidance and a workable path to compliance as these new regulations are implemented. This is a significant update for affected businesses,” Pehrson said.
The two legislative measures passed were HB385 (Specialized Product Sales Amendment) and HB45 (Kratom Adjustments). Both can be found at the Utah Legislature website, le.utah.gov.