Utah Admin. Code R70-580-8 - Inspection and Testing

(1) The department shall conduct a randomized inspection of the kratom product distributed or available for distribution for compliance with this rule.

(2) The department shall periodically sample, analyze, and test a kratom product distributed for compliance with registration and labeling requirements and the certificate of analysis.

(a) Each department sample shall include at least ten grams of kratom product.

(b) The department may test kratom product for any substance listed in Subsection R70-580-5(1) as well as for any of the following prohibited substances, at the discretion of the department:

(i) any pesticide;

(ii) any fentanyl derivative;

(iii) any of the following cannabinoids with an action level of 0.01% (w/w):

(A) delta-9-THC;

(B) delta-8-THC;

(C) THCA;

(D) CBD;

(E) CBDA;

(F) CBG;

(G) CBGA; or

(H) any other cannabinoid tested for by the laboratory with an action level of 0.01% (w/w);

(iv) cocaine; or

(v) any of the following Benzodiazepines:

(A) diazepam;

(B) alprazolam;

(C) triazolam;

(D) lorazepam; or

(E) clonazepam.

(c) Kratom product that is found to contain a prohibited substance shall be considered adulterated in violation of this rule.

(3) The department may conduct an inspection of any kratom product distributed or available for distribution if there is any reasonable basis to suspect that the kratom product is unsafe or that ingredients violate state law or rules.

(4) The test results from the department inspection samples shall be the official sample results.

(5) Upon request, a kratom processor shall provide documentation certifying that any batch of kratom raw materials acquired pursuant to a compliant specification purchase that is used to process or manufacture a kratom product is compliant with Section R70-580-5.

Notes

Utah Admin. Code R70-580-8

Adopted by Utah State Bulletin Number 2021-08, effective 4/2/2021 Amended by Utah State Bulletin Number 2023-06, effective 2/27/2023