Agriculture and Food

Specialized Products

Rule 50: Kratom Retail Permit

Effective Date: 07/02/2026

Admin. Code Reference: R66-50

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Rule or section number:

R66-50

Filing ID: 57959

Agency Information

1. Title catchline:

Agriculture and Food, Specialized Products

Building:

TSOB, South Bldg, Floor 2

Street address:

4315 S 2700 W

City, state:

Taylorsville, UT 84129

Mailing address:

PO Box 146500

City, state and zip:

Salt Lake City, UT 84114-6500

Contact persons:

Name:

Phone:

Email:

Amber Brown

385-245-5222

ambermbrown@utah.gov

Brandon Forsyth

801-710-9945

bforsyth@utah.gov

Camille Knudson

801-597-6010

camillek@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R66-50. Kratom Retail Permit

3. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

If yes, any bill number and session:

SB 45 (2026 General Session), HB 385 (2026 General Session)

4. Purpose of the new rule or reason for the change:

This amendment aligns Rule R66-50 with statutory changes enacted by SB 45, Kratom Adjustments and HB 385, Specialized Product Sales Amendments, from the 2026 General Session.

These legislative updates require the Department of Agriculture and Food (department) to modify retail permit requirements, product safety standards, and age-restricted sales protocols to ensure administrative rules remain consistent with current state law.

5. Summary of the new rule or change:

The proposed changes to this rule update the definitions to align with the revised statute and add clarifying definitions for this rule.

The changes clarify the requirements for the Kratom Retailer Permit, as well as aligning the inspection and testing requirements with the changes in the recently passed legislation.

Finally, the retailers' responsibilities are revised to enhance clarity on advertisements of a kratom product.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule imposes no fiscal impact on the state budget beyond the estimates provided in the legislative fiscal notes for SB 45 (2026) and HB 385 (2026).

B. Local governments:

This rule establishes state-level licensing procedures and product standards.

It imposes no administrative requirements or costs on local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule imposes no fiscal impact on small businesses beyond the licensing fees and regulatory costs already estimated in the legislative fiscal notes for SB 45 (2026) and HB 385 (2026).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule maintains a neutral fiscal impact for non-small businesses.

All anticipated costs for large retail entities result from statutory mandates in SB 45 (2026) and HB 385 (2026) rather than the administrative requirements of this rule.

E. Persons other than small businesses, non-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 rule regulates the business-to-government relationship and imposes no fiscal impact on an individual's budget.

All corresponding financial impacts originate from SB 45 (2026) and HB 385 (2026) and are detailed in the legislative fiscal notes for those bills.

F. Compliance costs for affected persons:

This rule imposes no direct compliance costs on affected persons. All applicable licensing fees, registration costs, and potential fines originate from the enactment of SB 45 (2026) and HB 385 (2026) and are detailed in the corresponding legislative fiscal notes.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis.

Citation Information

7. 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:

Section 4-45-107

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

06/16/2026

10. This rule change MAY become effective on:

06/23/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Kelly Pehrson, Commissioner

Date:

05/01/2026

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]2) "Kratom Retailer Permit" means a permit that the department issues to a retailer who sells or markets any kratom product.

(3) "License" means the Specialized Product Retailer License required under Section 4-45a-102.

(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.

(6) "Retail Tobacco Specialty Business" means the same as defined in Sections 10-8-41.6 and 17-50-333.

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]1) A [retail ]kratom retailer permit shall be obtained before a kratom product is offered for sale in Utah.

(2) A person seeking a kratom retailer permit shall register as a Retail Tobacco Specialty Business and obtain a specialized product retailer

license as required in Chapter 4-45a, Specialized Product Regulation.

(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) An applicant shall pay a non-refundable permit fee, as set [forth ]in the fee schedule approved by the Legislature,[ shall be paid] to the

department with the submission of the application.

(5) The department may deny a permit for an incomplete application.

(6) A permit is renewable for up to a one-year period with an annual renewal fee that a permitee shall [be paid]pay on or before December

31st of each year.

(7) The department shall assess [A]a late fee[ shall be assessed] for a renewal of a kratom retailer permit submitted on or after [December

3]January 1[st], and a permitee shall [be paid]pay before the renewal is issued.

R66-50-4. Inspection and Testing.

(1) The department may randomly inspect a permittee to ensure that kratom products distributed or available for distribution in Utah comply with this rule and Rule R66-51.

(2) The department shall periodically sample, analyze, and test kratom products distributed within the state 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 products for adulterants, as defined in Section R66-52-2.[any substance listed in Rule R66-52 as well

as for any of the following prohibited substances, at the discretion of the department:

(i) any fentanyl derivative;

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

(iii) cocaine; or

(iv) any of the following Benzodiazepines:

(A) diazepam;

(B) alprazolam;

(D) lorazepam; or

(E) clonazepam.

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

(3) The department may inspect kratom products 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 that kratom products distributed or available for distribution in Utah are following Title 4, Chapter 45, Kratom Regulation Act, this rule, and Rule R66-51.

(5) The sample taken by the department shall be the official sample.

R66-50-5. Retailer Permittee Responsibilities.

(1) A retailer shall[:

(a) ensure that a kratom product sold is properly registered with the department; and

(b) ] ensure that any advertisement for a kratom product sold or marketed in Utah[:

(i) does not contain any medical claims; and

(ii) ] does not appeal to children.

(2) A retailer shall provide the identity of the manufacturer or distributor of a kratom product sold upon request of the department.

[(3) A retailer may register the product in lieu of the manufacturer if the product is not registered.]

R66-50-6. Violation.

(1) Each unregistered product shall be a separate violation of this rule.

(2) An advertisement shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label.

(3) It is a violation to market or sell kratom products in Utah without a valid retailer permit pursuant to this rule.

(4) It is a violation to refuse inspection of a retail establishment, product for sale, or a product storage area.

(5) It is a violation to sell kratom products that have any likeness bearing resemblance to a cartoon character or fictional character.

(6) It is a violation to sell kratom products that appear to imitate a food or other product that is typically marketed toward or appealing to children.

(7) It is a violation to prepare, distribute, sell, or offer for sale a kratom product that would be potentially harmful to consumers.

KEY: kratom, retail permit, retailer, responsibilities, inspection, and testing

Date of Last Change: 2026[September 22, 2025]

Authorizing, and Implemented or Interpreted Law: 4-45-107

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