Section 202 – Application of other statutes — Ordinances.
Effective 5/14/2019 4-44-202. Application of other statutes — Ordinances. (1) (a) In a civil action for nuisance or a criminal action for public nuisance under Section 76-10-803, it is a defense if the action involves agricultural operations and those agricultural operations are conducted in the normal and ordinary course of agricultural operations or conducted in […]
Section 103 – Factual basis for claim as kratom product required — Administrative penalty — Request for hearing.
Effective 5/14/2019 4-45-103. Factual basis for claim as kratom product required — Administrative penalty — Request for hearing. (1) A kratom processor shall disclose on the product label of each kratom product that the kratom processor prepares, distributes, sells, or offers for sale the factual basis upon which the kratom processor represents the food as […]
Section 104 – Kratom processor requirements — Criminal penalty.
Effective 5/14/2019 4-45-104. Kratom processor requirements — Criminal penalty. (1) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product: (a) that is mixed or packed with a nonkratom substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product […]
Section 105 – Prohibition on sale to minors — Criminal penalty.
Effective 5/14/2019 4-45-105. Prohibition on sale to minors — Criminal penalty. (1) A kratom processor may not distribute, sell, or offer for sale a kratom product to an individual under 18 years of age. (2) A kratom processor who violates this section is guilty of a class C misdemeanor for each violation. Enacted by Chapter […]
Section 106 – Civil action available.
Effective 5/14/2019 4-45-106. Civil action available. In addition to and distinct from any other remedy at law, an individual may bring a civil action, in a competent court of jurisdiction, for damages resulting from a violation of this chapter, including economic, noneconomic, or consequential damages. Enacted by Chapter 329, 2019 General Session Technically renumbered for […]
Section 107 – Rulemaking.
Effective 5/14/2019 4-45-107. Rulemaking. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the administration and enforcement of this chapter. (2) The rules described in Subsection (1) shall include standards for a registered kratom product, including standards for: (a) testing to ensure the product is safe […]
Section 108 – Registration of kratom products — Department duties.
Effective 5/14/2019 4-45-108. Registration of kratom products — Department duties. (1) The department shall set a fee to register a kratom product, in accordance with Section 4-2-103. (2) The fee described in Subsection (1) may be paid by a producer, manufacturer, or distributor of a kratom product, but a kratom product may not be registered […]
Section 101 – Policy.
Effective 7/1/2022 4-46-101. Policy. It is the policy of this state that land conservation should be promoted to protect the state’s agricultural industry and natural resources. Enacted by Chapter 68, 2022 General Session
Section 801 – Enforcement — Fine — Citation.
Effective 12/3/2018 4-41a-801. Enforcement — Fine — Citation. (1) If a person that is a cannabis production establishment or a cannabis production establishment agent violates this chapter, the department may: (a) revoke the person’s license or cannabis production establishment agent registration card; (b) decline to renew the person’s license or cannabis production establishment agent registration […]
Section 802 – Report.
Effective 3/21/2022 4-41a-802. Report. (1) At or before the November interim meeting each year, the department shall report to the Health and Human Services Interim Committee on: (a) the number of applications and renewal applications that the department receives under this chapter; (b) the number of each type of cannabis production facility that the department […]