Department of Agriculture files emergency rule to bridge timeline for kratom product changes

The Utah Department of Agriculture and Food told the Natural Resources, Agriculture and Environment Interim Committee it is replacing existing kratom rules and adopting three new rules under a specialized products division to address product safety and new compound products.

Amber Brown, deputy commissioner, said kratom has been legal in Utah for several years and oversight moved into the department’s specialized products division (which also regulates industrial hemp and medical cannabis) as the product mix increased. The department published proposed new rules in the Utah State Bulletin on Aug. 15 and plans to make those rules effective Sept. 22; the new rules set limits on certain additives and compounded products the department views as potential safety concerns.

Because some previously registered products would be illegal under the new limits, the department filed an emergency rule change to change registration expiration timing so existing registrations will not automatically remain active under the old standards until June 2026. Brown told the committee this was intended to avoid re‑registering products that would soon be illegal and then having to rescind registrations after the new rule takes effect.

Brown said the program will continue to enforce statutory restrictions on 7‑hydroxy‑mitragynine content (statutorily limited to no more than 2% of the alkaloid fraction) and is coordinating with the Legislature after recent interim committee discussions about clarifying statutory language. The department said it will publish the new rules on Sept. 22 and process registrations under the new limits thereafter.