Utah Admin. Code R70-580-10 - Violation

(1) Each improperly labeled kratom product shall be a separate violation of this rule.
(2) A kratom product shall be considered misbranded if it does not meet the labeling requirements of this rule.
(3) A kratom product shall be considered adulterated based on the definition in Subsection 4-5-103(1).
(4) It is a violation to distribute or market a kratom product that is not registered with the department.
(5) Each unit manufactured or processed from a batch of raw material or on a single retail invoice shall be considered a separate violation of this rule for an unregistered product marketed for sale.
(6) It is a violation:
(a) to prepare, distribute, sell, or offer for sale a kratom product that violates Subsection 4-45-104 (1);
(b) to prepare, distribute, sell, or offer for sale a kratom product that is not in an approved kratom delivery form, including adding or processing kratom into any food consumed for taste, aroma, and nutritive value;
(c) to prepare, distribute, sell, or offer for sale a kratom product that would be potentially harmful to consumers;
(d) for a kratom processor to fail to register as a food establishment pursuant to Section 4-5-301 or Subsection R70-580-4(2);
(e) for a kratom processor to distribute, sell, or offer for sale a kratom product to an individual under 18 years of age; and
(f) for a kratom processor to improperly sample, test, falsify a certificate of analysis, or knowingly submits a falsified certificate of analysis for a kratom product.

Notes

Utah Admin. Code R70-580-10
Adopted by Utah State Bulletin Number 2021-08, effective 4/2/2021 Amended by Utah State Bulletin Number 2023-06, effective 2/27/2023

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