Agriculture and Food

Specialized Products

Rule 53: Kratom Processors

Effective Date: 07/02/2026

Admin. Code Reference: R66-53

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: New

Rule or section number:

R66-53

Filing ID: 57962

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:

R66-53. Kratom Processors

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 new rule implements the revised information from recently passed legislation.

It establishes comprehensive standards, licensing requirements, and compliance procedures that regulate the processing and handling of kratom and kratom products within the state, thereby ensuring product safety and market integrity.

5. Summary of the new rule or change:

This rule requires kratom processors to obtain one of two licenses from the department:

1) a Tier One license, which covers receiving, storing, preparing, transporting, wholesaling, and manufacturing finished products; and

2) a Tier Two license, which covers selling finished products to a retailer and minimal processing for storage only.

Processors must operate licensed facilities that meet basic cleanliness standards, prohibit residential use, and comply with federal and state hazardous waste laws for disposal.

This rule establishes testing requirements, mandating that a third-party laboratory tests every product lot for alkaloids, pesticides, microbials, heavy metals, and foreign matter before distribution.

The department conducts random testing and may have access to facilities, materials, and records for inspection and sampling.

Processors keep detailed records for a minimum of three years, documenting material receipt, processing batches, testing results, and product disposition.

Furthermore, this rule specifies secure storage for kratom material, separate from other manufactured products with access limited to employees, and requires a transport manifest detailing COA, location, licensure, and a bill of lading for every movement of kratom material.

Finally, the department immediately revokes a processor's license and refers the case to law enforcement if a final product tests at 0.4% or greater of 7-hydroxymitragynine.

Fiscal Information

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

A. State budget:

The department anticipates 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.

R66-53. Kratom Processors.

R66-53-1. Authority and Purpose.

Pursuant to Section 4-45-107, this rule establishes the standards, practices, procedures, and requirements for the processing and handling of

kratom and kratom products.

R66-53-2. Definitions.

(1) "Bulk kratom product" means a kratom product that has been prepared and is ready for final packaging.

(2) "Concentrate" means:

(a) the product of any chemical or physical process applied to naturally occurring kratom plant material that concentrates or isolates

alkaloids contained in the plant; and

(b) any amount of a natural, derivative, or synthetic alkaloid in the synthetic alkaloid's purified state.

(4) "Department" means the Utah Department of Agriculture and Food.

(5) "Final product" means a reasonably homogenous kratom product in its final packaged form created using the same standard operating

procedures and the same formulation.

(6) "Handle" or "Handling" means possessing, transporting, or storing kratom or kratom product for any period.

(7) "Kratom material" means raw concentrate, raw plant material, or materials made from raw plant material or raw concentrates that are

not in a final packaged form.

(8) "Location" means a specific street address, including street number, street name, city, state, and zip code.

(9) "Manufacturing" means storing, preparing, packaging, or labeling of kratom, kratom material, or kratom products.

(10) "Processing" means any action taken to prepare kratom for market, including preparing, manufacturing, or distributing.

(11) "Third-party laboratory" means a laboratory that has no direct interest in a processor or retailer of kratom products that can perform

mandated testing utilizing validated methods.

R66-53-3. Kratom Processor Licenses.

(1) The department shall issue the following kratom processor licenses:

(a) a Tier One license, which allows a processor to receive, store, prepare, transport, and wholesale kratom plant material and manufacture

finished kratom products;

(b) a Tier Two license, which allows a processor to: sell finished kratom product to a retailer and perform minimal processing for storage

only.

(2) A kratom processor shall obtain a separate license for each type of kratom processing establishment and each location.

R66-53-4. Application Requirements.

(1) An applicant seeking a kratom processor license shall submit a complete application to the department.

(2) The applicant shall submit a non-refundable fee as approved by the Legislature in the fee schedule.

(3) The department shall deny any applicant who does not submit the required information.

R66-53-5. Processing Facility Restrictions.

(1) A processor may not process or store kratom material or product in any structure that is used for residential purposes.

(2) A processor shall dispose of kratom waste in accordance with federal and state laws and regulations related to hazardous waste.

R66-53-6. Processing Practices.

A processor that manufactures kratom products shall ensure that the facility meets basic cleanliness standards, including:

(1) buildings are of suitable size, design, and construction to permit unobstructed placement of equipment, orderly storage of materials,

sanitary operation, and proper cleaning and maintenance;

(2) floors, walls, and ceilings are constructed of smooth, easily cleanable surfaces and are kept clean and in good repair;

(3) fixtures, ducts, and pipes are installed in such a manner that drip or condensate does not contaminate materials, utensils, contact

surfaces of equipment, or finished products in bulk;

(4) lighting and ventilation are sufficient for the intended operation and comfort of personnel;

(5) water supply, washing and toilet facilities, floor drainage, and sewage system are adequate for sanitary operation and cleaning of

facilities, equipment, and utensils, as well as satisfying employee needs and facilitating personal cleanliness; and

(6) adequate filth and pest controls are in place.

R66-53-7. Required Records.

(1) The processor shall keep records of receipt for any kratom material obtained, including:

(a) the date of receipt;

(b) quantity received;

(d) the seller's information, including:

(i) the seller's contact information; and

(ii) the address of the facility or growing area from which the kratom material was shipped.

(2) The processor shall keep records that include the following information for each batch of kratom material processed;

(a) the date of processing;

(b) the lot number of the material;

(d) the type of processing; and

(e) any lab test conducted on the kratom material or product during the processing.

(3) The processor shall keep records of any tests conducted with the identifying lot number.

(4) The processor shall keep records for a minimum of three years of any products they have manufactured and the disposition of any

kratom material that leaves the facility.

R66-53-8. Testing.

(1) A third-party laboratory shall test each kratom product lot for the following before distribution:

(a) the amount of alkaloids;

(b) pesticides;

(d) heavy metals; and

(e) foreign matter.

(2) The department shall conduct random testing of kratom products and materials.

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

R66-53-9. Inspections and Sampling.

(1) The department shall have complete and unrestricted access to kratom materials, kratom products, and any land, buildings, and other

structures used to process kratom.

(2) Samples of kratom product may be randomly taken from the facility by the department.

(3) The department may review records kept in accordance with rule requirements.

(4) Any laboratory test of a final product with a result of 7-hydroxymitragynine at 0.4% or greater of the total kratom alkaloid composition

of the product shall be turned over to the appropriate law enforcement agency, and revocation of the processor license shall be immediate.

(5) The department shall notify the processor of any adulterants found during testing.

(6) The presence of adulterants may be considered a violation of the terms of the license and may result in a license revocation.

R66-53-10. Storage of Kratom Material and Kratom Products.

(1) A processor may store kratom material and kratom products at their licensed facility.

(2) A processor shall store kratom material and product:

(a) in a secure room; and

(b) separate from other manufactured products.

(3) A processor shall ensure that access to the kratom is limited to processor employees.

(4) Storage facilities shall be maintained in accordance with Section R66-53-6.

(5) Storage facilities and records are subject to random inspection by the department.

R66-53-11. Transportation of Kratom Material.

Each movement of kratom material shall include a transport manifest that includes the following information:

(1) a copy of the COA for each batch included in the shipment;

(2) the location of the sending and receiving parties;

(3) proof of registration or licensure for the sending and receiving parties; and

(4) a bill of lading for the transported material.

R66-53-12. Renewal.

(1) A licensee shall resubmit the documents required in Section R66-53-4 with updated information, on or before December 31 of the

current year.

(2) The department may deny a renewal for an incomplete application.

(3) The department may deny renewal for any licensee who has violated any portion of this rule or state law.

(4) The department shall assess a late fee for a renewal of a kratom processor license submitted on or after January 1, and the licensee shall

pay the fee before the license renewal is issued.

R66-53-13. Violations.

(1) It is a violation to process kratom material on a site not approved by the department.

(2) It is a violation to allow unsupervised public access to kratom processing facilities.

(3) It is a violation to sell a kratom product to the public or another kratom processor in violation of this section or state laws governing the

final product.

(4) It is a violation to process kratom without the appropriate kratom processor license.

(5) It is a violation to fail to keep records required by this rule or to fail to adhere to the notification requirements of this rule.

(6) It is a violation for a licensee to engage in practices outside of the scope of their license.

(7) It is a violation to operate a facility that does not meet basic cleanliness standards outlined in Section R66-53-6.

(8) It is a violation to distribute a kratom product that has not been tested as required by Rule R66-52.

(9) It is a violation to deny the department the ability to take a sample of a kratom product during an inspection or as part of an

investigation.

(10) It is a violation to deny the department access to a kratom processing facility or kratom processing facility records during regular

business hours.

KEY: kratom products, kratom processor, license requirements, inspections and testing, renewal, violations

Date of Last Change: 2026

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

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