Current through the 2024 Fourth Special Session
Section 4-45-104 - Kratom processor requirements - Criminal penalty(1) A kratom processor may not prepare, 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;(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.Added by Chapter 329, 2019 General Session ,§ 4, eff. 5/14/2019.Technically renumbered for proper placement in chapter.