Agriculture and Food

Specialized Products

Rule 50: Kratom Retail Permit

Effective Date:

Admin. Code Reference: R66-50

Rule Type: Proposed Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58232

Rule or section number:

R66-50

1. Agency Information

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

2. Contact Persons

Name:

Phone:

Email:

Amber Brown

385-245-5222

ambermbrown@utah.gov

Brandon Forsyth

801-710-9945

bforsyth@utah.gov

Trevor Eckhoff

385-549-9937

teckhoff@utah.gov

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

3. General Information

A. Rule or section catchline:

R66-50. Kratom Retail Permit

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

This filing amends Subsections R66-50-3(6) and (7) by changing the renewal date for a kratom retailer permit from December 31 to April 30.

A specialized product retailer license, which also must be acquired by a kratom retailer, is renewed at this time. By changing December 31 to April 30, the Department of Agriculture and Food (department) is aligning renewal dates between the permit and the license.

C. Summary of the new rule or change:

This filing amends Subsections R66-50-3(6) and (7) by changing the renewal date for a kratom retailer permit from December 31 to April 30.

A specialized product retailer license, which also must be acquired by an industrial hemp retailer, is renewed at this time. By changing December 31 to April 30, the department is aligning renewal dates between the permit and the license.

5. Fiscal Information

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

A. State budget:

This amendment is not anticipated to result in fiscal impact on the state's budget because it does not amend existing regulatory requirements.

B. Local governments:

This amendment is not anticipated to result in fiscal impact on local governments because they do not issue kratom retailer permits.

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

This amendment is not anticipated to result in fiscal impact on small businesses because it does not amend existing regulatory requirements.

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

This amendment is not anticipated to result in fiscal impact on non-small businesses because it does not amend existing regulatory requirements.

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 amendment is not anticipated to result in fiscal impact on other persons because only businesses acquire kratom retailer permits.

F. Compliance costs for affected persons:

Compliance costs are not changing.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

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

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

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

11. Public Notice Information

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

A. Comments will be accepted until:

11/02/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

11/09/2026

13. Agency Authorization Information

Agency head or

designee and title:

Kelly Pehrson, Commissioner

Date:

09/11/2026

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 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 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 in the fee schedule approved by the Legislature, 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 pay on or before April 30[December

31st] of each year.

(7) The department shall assess a late fee for a renewal of a kratom retailer permit submitted [on or ]after April 30[January 1], and a

permitee shall 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.

(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 ensure that any advertisement for a kratom product sold or marketed in Utah 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.

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: [July 2,] 2026

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

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