Signed by Governor Gary Herbert

Vote Smart's Synopsis:

Vote to pass a bill that establishes regulations for Kratom consumption.

Highlights:

• Defines “kratom processor” as a person who (Sec. 2):

• Sells, prepares, or maintains a kratom product; or

• Advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product.

• Defines “kratom product” as food containing any part of a leaf of the plant Mitragyna speciosa (Sec. 2).

• Requires a kratom processor to 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 a kratom product (Sec. 3).

• Specifies that a kratom processor in violation of the preceding highlight will face an administrative fine of (Sec. 3):

• Up to $500 for the first offense; and

• Up to $1,000 for a second or subsequent offense.

• Prohibits a kratom processor from preparing, distributing, selling, or offering for sale a kratom product (Sec. 4):

• Mixed or packed with a nonkratom substance that affects the quality or strength of the kratom product that would make the product injurious to a consumer;

• Containing a poisonous or deleterious nonkratom ingredient, including a controlled substance;

• Containing a level of 7-hydroxymitragynine in the alkaloid fraction greater than 2 percent of the alkaloid composition of the kratom product;

• Containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or

• Without a product label on the product packaging stating the amount of mitragynine and 7-hydroxymitragynine in the product.

• Classifies each violation of the preceding highlight as a class C misdemeanor (Sec. 4).

• Prohibits a kratom processors from preparing, distributing, selling, or offering for sale a kratom product not registered with the Department of Agriculture and Food (Sec. 4).

• Requires a kratom processor to register as a food establishment (Sec. 4).

• Prohibits a kratom processor from distributing, selling, or offering for sale a kratom product to anyone under 18 years of age (Sec. 5).

• Classifies each violation of the preceding highlight as a class C misdemeanor (Sec. 5).

• Authorizes an individual to bring a civil action for damages resulting from a violation of this act, including economic, noneconomic, or consequential damages (Sec. 6).

• Specifies that the Department of Agriculture and Food will set a fee for registering a kratom product (Sec. 8).

Full Bill Text