1. (1)

   1. (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

      1. (i) to determine standards for a registered cannabinoid product, including standards for:

         1. (A) testing to ensure the product is safe for human consumption; and
         2. (B) accurate labeling;
      2. (ii) governing an entity that manufactures cannabinoid products, including standards for health and safety;
      3. (iii) to determine when and how a cannabinoid processor's cannabinoid must be tested by the department at the expense of the cannabinoid processor;

      4. (iv) regarding what constitutes:

         1. (A) a conventional food or beverage; and
         2. (B) a product that is marketed or manufactured to be enticing to children;
      5. (v) regarding any other issue the department considers necessary for the safe production and sale of cannabinoid products; and
      6. (vi) for a cannabinoid product that is not in an oil based suspension, prohibiting a serving size that is less than the full portion of a discrete unit of the cannabinoid product.
   2. (b) Notwithstanding Subsection (1)(a), the department may not prohibit a sugar coating on a cannabinoid product to mask the product's taste, subject to the limitations described in Subsection (1)(a)(iv) or (v).
2. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority as defined in Section 26B-1-102.
3. (3) The department shall set a fine of not more than $5,000 for a person who sells a cannabinoid product that is not registered by the department.

Amended by Chapter 35, 2024 General Session