(1)
- (a) A licensee shall provide the department a product list.
- (b) At least seven days before selling a specialized product not on the product list, a licensee shall notify the department and provide an updated product list that includes the additional specialized product.
- (c) For any product on a product list or that is being added to a product list under Subsection (1)(b), the licensee shall provide the department with access to the ingredient list for the specialized product.
- (d) The department may remove specialized products from a product list if the possession or sale of the specialized product violates state law.
- (2) A licensee may not sell a specialized product that is not on the product list provided to the department.
- (3) If requested by the department to provide a specialized product for inspection or testing, a licensee shall provide the requested specialized product to the department.
(4)
- (a) A licensee that sells a product in violation of Subsection (2) is subject to a $1,000 fine for each product sold in violation of Subsection (2).
(b) In addition to the monetary fine described in Subsection (4)(a), a licensee is subject to the following for violations of Subsection (2):
- (i) for a first violation, a public reprimand posted on the department's website;
- (ii) for a second violation, a 30-day license suspension;
- (iii) for a third violation, a 60-day license suspension;
- (iv) for a fourth violation, a 90-day license suspension; and
- (v) for a fifth violation, revocation of the license.
Enacted by Chapter 420, 2026 General Session