Utah Code 4-41-106. Enforcement — Fine — Citation
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(1) If a person violates this part, the department may:
Terms Used In Utah Code 4-41-106
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
- Cannabinoid product: means a product that:
(6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;(6)(b) contains less than the cannabinoid product THC level, by dry weight;(6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;(6)(d) does not exceed a total of THC and any THC analog that is greater than:(6)(d)(i) 5 milligrams per serving; and(6)(d)(ii) 150 milligrams per package; and(6)(e) unless the product is in an oil based suspension, has a serving size that:(6)(e)(i) is an integer; and(6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
- Person: means :
(19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and(19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1)(a) revoke the person’s license or permit;(1)(b) decline to renew the person’s license or permit; or(1)(c) assess the person a civil penalty that the department establishes in accordance with Section4-2-304 .(2) Except for a fine that the department assesses for an unlicensed processor, an unregistered product, or the sale of a cannabinoid product to an individual younger than 21 years old, the department shall deposit a penalty imposed under this section into the General Fund.(3) The department may take an action described in Subsection (4) if the department concludes, upon investigation, that a person has violated this chapter, a rule made under this chapter, or an order issued under this chapter.(4) If the department makes the conclusion described in Subsection (3), the department shall:(4)(a) issue the person a written administrative citation;(4)(b) attempt to negotiate a stipulated settlement;(4)(c) seize, embargo, or destroy the industrial hemp batch or unregistered product;(4)(d) order the person to cease the violation; and(4)(e) if a stipulated settlement cannot be reached, conduct an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.(5) The department may, for a person, other than an individual, that is subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(6) The department may not revoke a cannabinoid processor license or an industrial hemp retailer’s permit without first giving the person the opportunity to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.(7) If, within 30 calendar days after the day on which a department serves a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department’s final order.(8) The department may, for a person who fails to comply with a citation under this section:(8)(a) refuse to issue or renew the person’s processor license or retailer permit; or(8)(b) suspend, revoke, or place on probation the person’s processor license or retailer permit.