Kratom Modifications

15
4-45-102
4-45-103
4-45-104
4-45-105
4-45-108
4-45-109
0
Kratom Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to kratom.
Highlighted Provisions:
This bill:
defines terms;
requires a kratom processor and kratom retailer to register with the Department of
Agriculture and Food;
bans the sale of certain kratom products;
amends provisions related to penalties and fees;
amends the age for who can purchase a kratom product; and
suspends the operation of the Kratom Consumer Protection Act if every alkaloid found in
the Mitragyna speciosa plant is a controlled substances under state law.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-45-102
, as enacted by Laws of Utah 2019, Chapter 329
4-45-103
, as enacted by Laws of Utah 2019, Chapter 329
4-45-104
, as enacted by Laws of Utah 2019, Chapter 329
4-45-105
, as enacted by Laws of Utah 2019, Chapter 329
4-45-108
, as enacted by Laws of Utah 2019, Chapter 329
ENACTS:
4-45-109
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-45-102
is amended to read:
4-45-102
. Definitions.
As used in this chapter:
(1)
"Commissioner" means the commissioner of the department.
(2)
"Department" means the Department of Agriculture and Food created in Section
4-2-102
.
(3)
"Food" means:
(a)
an article used for food or drink for human or animal consumption or the
components of the article;
(b)
chewing gum or chewing gum components; or
(c)
a food supplement for special dietary use that is necessitated because of a physical,
physiological, pathological, or other condition.
(1)
"Kratom extract" means a preparation containing any part of the Mitragyna speciosa
plant in a concentrated form.
(4)
(2)
"Kratom processor" means a person who
:
(a)
sells, prepares, or maintains
prepares, processes, manufactures, or distributes
a
kratom product
; or
.
(b)
advertises, represents, or holds oneself out as selling, preparing, or maintaining a
kratom product.
(3)
"Kratom retailer" means a person who sells a kratom product for retail sale in the state.
(5)
(4)
"Kratom product"
mean food
means a product
containing any part of a leaf of the
plant Mitragyna speciosa.
Section 2. Section
4-45-103
is amended to read:
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
product
as a kratom product.
(2)
For a violation of Subsection
(1)
, a kratom processor is subject to an administrative fine
of:
up to $5,000.
(a)
up to $500 for the first offense; and
(b)
up to $1,000 for a second or subsequent offense.
(3)
Upon the request of a kratom processor fined under this section, the commissioner shall
conduct a hearing in accordance with
Title 63G, Chapter 4, Administrative Procedures
Act
.
Section 3. Section
4-45-104
is amended to read:
4-45-104
. Kratom processor and kratom retailer requirements -- Criminal
penalty.
(1)
A kratom processor
or kratom retailer
may not prepare,
possess,
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
injurious to a consumer;
other than an inert encapsulating agent that:
(i)
is composed of food-grade or pharmaceutical-grade materials with no
pharmacological activity;
(ii)
contains no psychoactive substances, stimulants, or adulterants; and
(iii)
serves solely to contain or deliver the kratom product;
(b)
that is not identifiable as plant matter;
(c)
that includes any kratom extract;
(b)
that contains a poisonous or otherwise deleterious nonkratom ingredient, including a
controlled substance as defined in Section
58-37-2
;
(c)
(d)
containing a level of 7-hydroxymitragynine in the alkaloid fraction that is
greater than 2% of the alkaloid composition of the kratom product;
(d)
(e)
containing a synthetic alkaloid, including synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compound of the kratom
plant; or
(e)
(f)
that 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
C
B
misdemeanor for
each violation.
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 does not violate Subsection
(1)
if the kratom processor shows by a
preponderance of the evidence that the kratom processor relied in good faith upon the
representation of a manufacturer, processor, packer, or distributor of food represented to
be a kratom product.
(4)
(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.
(5)
(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 kratom retailer.
(c)
The department shall set a fee to register the following:
(i)
a kratom processor; and
(ii)
a kratom retailer.
(d)
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)(d)(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.
Section 4. Section
4-45-105
is amended to read:
4-45-105
. Prohibition on sale to minors -- Criminal penalty.
(1)
A kratom processor
or kratom retailer
may not distribute, sell, or offer for sale a kratom
product to an individual under
18
21
years
of age
old
.
(2)
A kratom processor
or kratom retailer
who violates this section is guilty of a class
C
A

misdemeanor for each violation.
Section 5. Section
4-45-108
is amended to read:
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
any person
, but a kratom product may not be registered
with the department until the fee is paid.
(3)
The department shall:
(a)
set an administrative fine
, larger than the fee described in Subsection
(1)
,
not to
exceed $5,000
for a person who sells a kratom product that is not registered with the
department; and
(b)
assess the fine described in Subsection
(3)(a)
against any person who offers an
unregistered kratom product for sale in this state.
(4)
The department may seize and destroy any unregistered kratom product offered for sale
in this state.
Section 6. Section
4-45-109
is enacted to read:
4-45-109
. Chapter inoperative.
If
every alkaloid found in Mitragyna speciosa is considered a controlled substance under
Section
58-37-4
, then this chapter is inoperative.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-26-26 3:02 PM