Section R68-26-8 - Violation Categories(1) Public Safety Violations: Each person shall be fined $3,000-$5,000 per violation. This category is for violations that present a direct threat to public health or safety including:(a) industrial hemp sold to an unlicensed source;(b) industrial hemp purchased from an unlicensed source;(c) refusal to allow inspection;(d) failure to comply with labeling requirements;(e) failure to comply with testing requirements;(f) possessing, manufacturing, or distributing a cannabinoid product that a person knows or should know appeals to children;(g) marketing a cannabinoid product that makes a medical claim; or(h) engaging in or permitting a violation of the Title 4, Chapter 41, Hemp and Cannabinoid Act that amounts to a public safety violation as described in this subsection.(2) Regulatory Violations: Each person shall be fined $1,000-$5,000 per violation. This category is for violations involving this rule and other applicable state rules under Title R68 including:(a) failure to register a cannabinoid product;(b) failure to provide a certificate of analysis as required by Section R68-26-4;(c) failure to keep and maintain records; or(d) engaging in or permitting a violation of Title 4, Chapter 41a, Hemp and Cannabinoid Act or this rule that amounts to a regulatory violation as described in this subsection.(3) Licensing Violations: Each person shall be fined $500-$5,000 per violation. This category is for violations involving licensing requirements including: (a) engaging in or permitting a violation of this rule, other applicable rules under Title R68, or Title 4, Chapter 41, Hemp and Cannabinoid Act, that amounts to a licensing violation; or(b) failure to respond to violations.(4) The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.(5) The department may enhance or reduce the penalty based on the seriousness of the violation.Utah Admin. Code R68-26-8
Adopted by Utah State Bulletin Number 2018-22, effective 10/31/2018Amended by Utah State Bulletin Number 2020-16, effective 8/10/2020Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2021-20, effective 10/1/2021Amended by Utah State Bulletin Number 2022-17, effective 8/23/2022Amended by Utah State Bulletin Number 2023-08, effective 4/7/2023Amended by Utah State Bulletin Number 2023-14, effective 6/30/2023 (EMERGENCY)Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2023-21, effective 10/17/2023