Kratom

The purpose of the Utah Kratom Consumer Protection Act is to safeguard public health. This page provides consumers a high level of confidence through regulatory education. Utah Department of Agriculture and Food, Division of Regulatory Services is committed to ensure Kratom products being prepared and sold in Utah are safe, unadulterated and honestly presented.

Kratom Quick Facts

What is Kratom?

Kratom (Mitragyna speciosa) is a tropical evergreen tree in the coffee family. It’s native to Thailand, Myanmar, Malaysia, and other South Asian countries. The leaves, or extracts from the leaves, have been used as a stimulant and a sedative. It’s also been reported for treating chronic pain, digestive ailments, and as an aid for withdrawal from opium dependence.

How is the program implemented?

  1. Manufacturer: extracting, mixing, formulating, white labeling, or holding kratom must be registered as a manufactured food establishment. Please email Coreen Cogswell at [email protected] .
  2. Retail establishments: Establishments offering Kratom products for sale (end products or wholesale), must fill out this form . Invoice will be sent via email within three business days of receipt of form.
  3. Product Registration: Once registered as a Kratom food establishment, Kratom products being sold must be registered with UDAF, this can be done here . * There is a $240.00 fee Per formulation.

Why is Kratom in Utah?

Established under Senate Bill 58 of the 2019 general session of the Utah State Legislation. The Kratom Consumer Protection Act was voted into law effective May 14, 2019. This Law designated the Utah Department of Agriculture and Food to establish a set fee and create standards for registering a Kratom Product by making rules to administer and enforce the Kratom Consumer Protection Act.

Approved Kratom Delivery Forms:

Laws and Administrative Rules

Utah Agricultural Code Chapter 45: Kratom Consumer Protection Act - Click here to view .

Registering Kratom Retail Food Establishment

If you are selling Kratom products in your establishment
you must complete the steps below.

Registering Kratom Retail Food Establishment in the following steps:

    1. Contact regulatory services to see if your establishment is a kratom retail food establishment or a kratom manufacturing food establishment.
    2. Retail establishments: Establishments offering Kratom products for sale (end products or wholesale), must fill out this form . Invoice will be sent via email within three business days of receipt of form.
    3. Once approved as a Kratom retail food establishment an invoice will be sent via email for payment.

    Registering Products

    Establishments retailing ready to sale Kratom products in Utah must complete the steps below.

    *Labeled and sealed in the container.

    Registering your products in these steps:

    1. Click here to access the Product Registration web page.
    2. Click on “new registrant” “first registration.”
    3. Fill in all boxes "Save" on the bottom Tab.
    4. Click on the bottom tab labeled, "Kratom Products"
    5. Next page under "Product" Enter the name of the product.
    6. Products that contain the same formulation & brand name but different volumes/sizes only require one registration next to the label name, enter in each size.
    7. Under "Code" enter in the form the Kratom product is in, repeat for all Kratom products being registered. (Raw Leaf, Capsule, Tablet, Powder, Liquid Tincture, Tea Bag, Concentrated Oil, Extract form, or gummy.)
    8. Take note of your "Registration ID" and "Temporary Pin". (This will be necessary to log back in.)
    9. Click on "Pay and save products." (Labels and COA's CANNOT be uploaded on this application; they must be emailed to [email protected] .)
    10. Enter your payment information.
    11. The application will not be reviewed until payment, labels, and coa’s are received.
    *You will be emailed your certificate of registration once approved.

    To process the application send the labels and COA's, the brand name as the subject line to: [email protected] . An email with the certificate of registration will be sent once approved.

    Kratom Violations

    Inspection and Testing.

    1) The department shall conduct randomized inspection of the kratom product distributed o r available for distribution in the state for compliance with this rule.

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

    3) The department may conduct 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.

    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) It is a violation to distribute or market a kratom product that is not registered with the department.

    4) 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.

    5) 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 another form of food;

    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 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.

    Any violation of or failure to comply with any provision of this rule or any specific requirements, may be grounds for issuance of citations, fines, revocation of registration, or denial of future registration pursuant to Section 4-2-303 and 4-2-304.