4-41-403.  Standards for registration.

(1) 

Terms Used In Utah Code 4-41-403

  • Cannabinoid product: means a product that:
(a) contains or is represented to contain one or more naturally occurring cannabinoids;
(b) contains less than the cannabinoid product THC level, by dry weight;
(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content; and
(d) does not exceed a total of THC and any THC analog that is greater than:
(i) 5 milligrams per serving; and
(ii) 150 milligrams per package. See Utah Code 4-41-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Person: means :
    (a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and
    (b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
    (a)  The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

    (i)  to determine standards for a registered cannabinoid product, including standards for:

    (A)  testing to ensure the product is safe for human consumption; and

    (B)  accurate labeling;

    (ii)  governing an entity that manufactures cannabinoid products, including standards for health and safety;

    (iii)  to determine when and how a cannabinoid processor’s cannabinoid must be tested by the department at the expense of the cannabinoid processor;

    (iv)  regarding what constitutes:

    (A)  a conventional food or beverage; and

    (B)  a product that is marketed or manufactured to be enticing to children; and

    (v)  regarding any other issue the department considers necessary for the safe production and sale of cannabinoid products.

    (b)  Notwithstanding Subsection (1)(a), the department may not prohibit a sugar coating on a cannabinoid product to mask the product’s taste, subject to the limitations described in Subsection (1)(a)(iv) or (v).
  • (2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority as defined in Section 26B-1-102.

    (3)  The department shall set a fee for a registered cannabinoid product, in accordance with Section 4-2-103.

    (4) 

    (a)  A producer, manufacturer, or distributor of a cannabinoid product may pay the fee described in Subsection (3).

    (b)  A cannabinoid product may not be registered with the department until the fee described in Subsection (3) is paid.

    (5)  The department shall set an administrative fine, larger than the fee described in Subsection (3), for a person who sells a cannabinoid product that is not registered by the department.

    Amended by Chapter 146, 2023 General Session