R66-34-3. Industrial Hemp Retailer Permit.(1) A person who sells, offers for sale, exposes for sale, or markets a cannabinoid product shall obtain a permit before offering the cannabinoid product for sale in Utah.
(2) To obtain an industrial hemp retailer permit, an applicant shall:
(a) obtain a specialized product retailer license under Title 4, Chapter 45a, Specialized Product Regulation;
(b) submit a complete application to the department;
(c) obtain a permit for each retail establishment location or web address;
(d) pay the nonrefundable permit fee established in the fee schedule approved by the Legislature, with the application; and
(e) provide a copy of the retailer's Cannabinoid Tax License from the Utah Tax Commission.
(3) The department may deny a permit for an incomplete application.
(4) A permittee may renew their permit by submitting a complete application and annual renewal fee on or before April 30[December 31] of each year. (5) The department shall assess a late fee for any renewal fee submitted [on or ]after April 30[January 1], and the permittee shall pay the late fee before the department issues the renewal. R66-34-4. Inspection and Testing.
(1) The department may randomly inspect a retailer permittee to ensure cannabinoid products distributed, or available for distribution in Utah comply with statute, this rule, and Rule R66-35.
(2) The department shall periodically sample, analyze, and test cannabinoid product distributed within the state for compliance with registration and labeling requirements, and the certificate of analysis, if applicable.
(3) The department may inspect cannabinoid product distributed or available for distribution for any other reason the department deems necessary.
(4) The department may, upon request, inspect a retailer permittee's records of receipt, inventory, and invoices to ensure cannabinoid product distributed or available for distribution in Utah is following this rule and Rule R66-35.
(5) The sample taken by the department shall be the official sample.
(6) Pursuant to Section 4-1-105, the department may take samples at no charge to the department.
R66-34-5. Retailer Permittee Responsibilities.
(1) A retailer shall provide the identity of the manufacturer or distributor of a cannabinoid product sold upon request of the department.
(2) A retailer may register the product in lieu of the manufacturer if the manufacturer has not registered the product.
R66-34-6. Viable Industrial Hemp Seed.
(1) A person who sells or markets viable industrial hemp seeds in the state may only sell viable seed to an industrial hemp producer licensed by the United States Department of Agriculture (USDA).
(2) An industrial hemp retailer that sells or distributes viable industrial hemp seed shall:
(a) keep a record of each viable industrial hemp seed sale; and
(b) submit the sales record to the department through the department's website on the day of each sale, including the following information:
(i) the company name of the industrial hemp retailer;
(ii) the store or location name of the industrial hemp retailer making the sale;
(iii) the complete industrial hemp retailer permit number;
(iv) the first and last name of the individual who made the sale;
(v) the complete date of the sale, including the month, day, and year;
(vi) the brand name of the seeds and the quantity sold;
(vii) the first and last name of the individual who made the purchase;
(viii) the complete license number of the licensed hemp producer or grower who made the purchase; and
(ix) the complete address and contact information of the individual who made the purchase, including street name and house number, city, state, zip code, phone number, and email address.
(3) An industrial hemp retailer shall maintain records for two years from the date of the hemp seed sale and make them available for inspection by the department.
(4) An industrial hemp retailer shall provide the department with a copy of any sales records within two business days of receiving a department request.
R66-34-7. Temporary Retail Location.
An industrial hemp retailer may sell cannabinoid products at a temporary location, if they:
(1) provide a complete application for an industrial hemp retailer permit to the department that includes the dates and location;
(2) pay the retailer permit fee;
(3) provides proof that they hold a Cannabinoid Tax License from the Utah Tax State Commission; and
(4) the department approves of the temporary location.
R66-34-8. Violation.
(1) A cannabinoid product shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label.
(2) It is a violation to:
(a) market or sell cannabinoid product in Utah without an industrial hemp retail permit;
(b) refuse inspection of a retail establishment, product for sale, or a product storage area; or
(c) sell cannabinoid products without a Cannabinoid Tax License from the Utah Tax Commission.
KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license
Date of Last Change: [August 21,] 2026 
