- (1) The division may issue a hold order when it determines that there is an immediate and significant danger to public health, safety, or welfare. The hold order may be issued to secure the well-being, safety, or removal of danger to state citizens.
- (2) Hold orders are intended to protect the public from unlawful agricultural and food products and services.
(3) When a hold order is justified, and conditions warrant immediate action by the division, the division shall promptly issue a written order that includes:
- (a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;
- (b) a brief statement of findings of fact as determined by the division;
- (c) references to statutes or administrative rules violated;
- (d) the reasons for issuance of the hold order;
- (e) products and services subject to the hold order;
- (f) corrective action required;
- (g) the signature of the department representative; and
- (h) a space or line for the signature of the person being given the order, although a signature is not needed if the person refuses.
- (4) No product, condition, or service subject to the order shall be released, except upon written release by the department.
- (5) Pursuant to Subsection 4-2-304(2) the person subject to the written order may be required to pay the expense incurred by the department in connection with the withdrawal of the product, condition, or service from the market.
KEY: industrial hemp, medical cannabis, violations, kratom, compliance actions, hold orders, citations, cease and desist orders, license suspensions, hearings, enforcement, fines and penalties
Date of Last Change: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-2-302