Terms Used In Utah Code 4-45-104

• Department: means the Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-45-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Utah Code 4-45-102 Kratom processor: means a person who: (a)  sells, prepares, or maintains a kratom product; or (b)  advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product. See Utah Code 4-45-102 (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; (b)  that contains a poisonous or otherwise deleterious nonkratom ingredient, including a controlled substance as defined in Section 58-37-2; (c)  containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product; (d)  containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or (e)  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 who violates Subsection (1) is guilty of a class C misdemeanor for each 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)	A kratom processor 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)	A kratom processor shall register as a food establishment in accordance with Section 4-5-301.

  Enacted by Chapter 329, 2019 General Session

  Technically renumbered for proper placement in chapter.