Utah Admin. Code R66-35-8 - 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.
Notes
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