Utah Code 4-45-104. Kratom processor requirements — Criminal penalty
Current as of: 2024 | Check for updates
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(1) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
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 :(3)(a) an article used for food or drink for human or animal consumption or the components of the article;(3)(b) chewing gum or chewing gum components; or(3)(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:
(4)(a) sells, prepares, or maintains a kratom product; or(4)(b) advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product. See Utah Code 4-45-102(1)(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;(1)(b) that contains a poisonous or otherwise deleterious nonkratom ingredient, including a controlled substance as defined in Section 58-37-2;(1)(c) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product;(1)(d) containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or(1)(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. - Kratom processor: means a person who: