Fiscal Information
7. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This filing has a neutral fiscal impact as it maintains the current operational status quo and prevents administrative waste by delaying permanent rulemaking until the final requirements of proposed legislation are established.
This filing has no fiscal impact on local governments as the Department maintains exclusive authority over kratom retail permits; local entities do not participate in the program.
C. Small businesses ("small business" means a business employing 1-49 persons):
This filing has a neutral fiscal impact on small businesses as it maintains current regulatory requirements and avoids potential compliance costs associated with inconsistent standards.
D. Persons other than small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This filing has a neutral fiscal impact on other persons, including consumers, as it ensures continued state oversight of kratom retail locations during the legislative process.
E. Compliance costs for affected persons:
There are no anticipated compliance costs for affected persons, as the Department's administration of the retail permit program remains unchanged by this filing.
F. Comments by the department head on the fiscal impact this rule may have on businesses (Include the name and title of the department head):
This rule will not have a fiscal impact on businesses. Kelly Pehrson, Commissioner
Citation Information
8. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Agency Authorization Information
Agency head or
designee and title:
Kelly Pehrson, Commissioner
R66. Agriculture and Food, Specialized Products.
R66-50. Kratom Retail Permit.
R66-50-1. Authority and Purpose.
Pursuant to Section 4-45-107, this rule establishes the requirements for a person seeking a kratom retailer permit.
R66-50-2. Definitions.
(1) "End Consumer" means an individual who does not resell the purchased kratom product.
(2) "Kratom Retailer" means a kratom processor who sells a kratom product to an end consumer.
(3) "Kratom Retailer Permit" means a permit that the department issues to a retailer who sells or markets any kratom product.
(4) "Person" means an individual, partnership, association, firm, trust, limited liability company, or corporation, or any employees of such.
(5) "Premises" means a place where a kratom product is sold, offered for sale, exposed for sale, stored, or marketed.
R66-50-3. Kratom Retailer Permit.
(1) A person who sells, offers for sale, or exposes for sale a kratom product in the state shall secure a kratom retailer permit from the department.
(2) A person shall obtain a retailer permit [shall be obtained ]before offering a kratom product [is offered ]for sale in Utah. (3) A person seeking a kratom retailer permit shall provide the following to the department for each individual store or retail establishment location where kratom products are sold:
(a) the name of the person who sells, offers for sale, or markets a kratom product;
(b) the address where the kratom product is sold, offered for sale, or marketed; and
(c) written consent allowing a representative of the department to enter any premises where the person is selling or storing a kratom product.
(4) A person shall pay the non-refundable permit fee, as set forth in the fee schedule approved by the [L]legislature, [shall be paid ]to the department with the submission of the application. (5) The department may deny a permit for an incomplete application.
