Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 509 (2025GS)

Sponsor

Rep. Dailey-Provost, Jennifer

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• modifies the requirements to sell a kratom product in the state;
• renames the "Cannabinoid Proceeds Restricted Account" to the "Specialized Product Proceeds Restricted Account";
• modifies provisions related to the tax on cannabinoid products; and
• applies a tax to kratom products that can be used for enforcement and other statutory required duties.

Every vote on this bill

Bill text

51
4-45-102
4-45-108
4-45-109
4-45-110
26B-7-417
Kratom Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends provisions related to kratom products.
Highlighted Provisions:
This bill:
defines terms;
creates a process to review compound kratom products for safety;
establishes a fee for reviewing compound kratom products for safety; and
modifies fines for selling unregistered kratom products.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-45-102
, as enacted by Laws of Utah 2019, Chapter 329
4-45-108
, as enacted by Laws of Utah 2019, Chapter 329
ENACTS:
4-45-109
, Utah Code Annotated 1953
4-45-110
, Utah Code Annotated 1953
26B-7-417
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-45-102
 is amended to read:
4-45-102. Definitions.
As used in this chapter:
(1)
"Commissioner" means the commissioner of the department.
(2)
"Compound kratom product" means a kratom product that, in addition to containing 
kratom, contains:
(a)
a dietary ingredient; or
(b)
an ingredient that is present in the kratom product for reasons other than to convey a 
technical effect, such as a flow agent or binder.
(2)
(3)
"Department" means the Department of Agriculture and Food created in Section 
4-2-102
.
(3)
(4)
"Food" means:
(a)
an article used for food or drink for human or animal consumption or the components 
of the article;
(b)
chewing gum or chewing gum components; or
(c)
a food supplement for special dietary use that is necessitated because of a physical, 
physiological, pathological, or other condition.
(4)
(5)
"Kratom processor" means a person who:
(a)
sells, prepares, or maintains a kratom product; or
(b)
advertises, represents, or holds oneself out as selling, preparing, or maintaining a 
kratom product.
(5)
(6)
"Kratom product" 
mean
means
 food containing any part of a leaf of the plant 
Mitragyna speciosa.
Section 2, Section 
4-45-108
 is amended to read:
4-45-108. Registration of kratom products -- Department duties.
(1)
The department shall set a fee to register a kratom product, in accordance with Section 
4-2-103
.
(2)
The fee described in Subsection 
(1)
 may be paid by a producer, manufacturer, or 
distributor of a kratom product, but a kratom product may not be registered with the 
department until the fee is paid.
(3)
The department shall:
(a)
set an administrative fine
, larger than the fee described in Subsection 
(1)
, 
 that does 
not exceed $20,000 
for a person who sells a kratom product that is not registered with 
the department; and
(b)
assess the fine described in Subsection 
(3)(a)
 against any person who offers an 
unregistered kratom product for sale in this state
 or take another administrative action
.
(4)
The department may seize and destroy any unregistered kratom product offered for sale 
in this state.
Section 3, Section 
4-45-109
 is enacted to read:
4-45-109. Compound kratom product.
(1)
Beginning July 1, 2025, a compound kratom product may not be sold in the state until 
the compound kratom product has been authorized for sale under Section 
4-45-110
.
(2)
Upon a determination by the department that a concern has been identified that requires 
a review of whether a compound kratom product can be reasonably expected to be safe 
based on the product's labeled conditions of use, the department may:
(a)
deregister a compound kratom product registered under Section 
4-45-108
; or
(b)
rescind the authorization for sale of a compound kratom product authorized for sale 
under Section 
4-45-110
.
Section 4, Section 
4-45-110
 is enacted to read:
4-45-110. Human consumption safety review for a compound kratom product.
(1)
In accordance with Section 
4-45-109
, a kratom processor may submit scientific research 
regarding a compound kratom product for the department to determine whether the 
product may be sold in the state.
(2)
(a)
Upon the submission of scientific research for a compound kratom product, the 
department shall review the research and other scientific literature applicable to the 
compound kratom product under review.
(b)
The department shall authorize a compound kratom product for sale in the state only 
if after the review the department determines the compound kratom product does not 
present an unreasonable risk of illness or injury based on the compound kratom 
product's labeled conditions of use.
(3)
(a)
Within 30 days from the day the department issues a decision described in 
Subsection 
(2)(b)
, a kratom processor may appeal the decision of the department 
under this section in accordance with Section 
26B-7-417
.
(b)
If a compound kratom product is determined to not present an unreasonable risk of 
illness or injury based on the compound kratom product's labeled conditions of use 
under Section 
26B-7-417
, the department shall authorize the compound kratom 
product for sale in the state.
(4)
(a)
The department may enter into a contract with another entity to carry out the 
department's duties described in this section if the entity is not the Department of 
Health and Human Services.
(b)
The department shall set a non-refundable fee in accordance with Section 
63J-1-504
to recover the department's cost under this section.
Section 5, Section 
26B-7-417
 is enacted to read:
26B-7-417. Compound kratom review process.
(1)
The department shall hear an appeal from a kratom processor under Section 
4-45-110
.
(2)
The department shall review:
(a)
the kratom processor's scientific research submitted to the Department of Agriculture 
and Food regarding a compound kratom product;
(b)
the scientific literature the Department of Agriculture and Food reviewed regarding 
the kratom product; and
(c)
any other scientific literature the department determines relevant.
(3)
After reviewing the materials described in Subsection 
(2)
, the department shall 
determine whether the compound kratom product does not present an unreasonable risk 
of illness or injury based on the compound kratom product's labeled conditions of use.
(4)
The department may make rules to implement this section.
(5)
The department shall set a non-refundable fee in accordance with Section 
63J-1-504
 to 
recover the department's cost under this section.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-14-25 10:07 AM