ut-20261001-R66-34: R66-34. Industrial Hemp Retailer Permit

1. Agency Information

Title catchline: Agriculture and Food, Specialized Products Building: TSOB, South Bldg, Floor 2 Street address: 4315 S 2700 W City, state: Taylorsville, UT 84129 Mailing address: PO Box 146500 City, state and zip: Salt Lake City, UT 84114-6500

2. Contact Persons

Name: Phone: Email: Amber Brown 385-245-5222 ambermbrown@utah.gov Brandon Forsyth 801-710-9945 bforsyth@utah.gov Trevor Eckhoff 385-549-9937 teckhoff@utah.gov Please address questions regarding information on this notice to the persons listed above.

B. Purpose of the new rule or reason for the change:

The purpose of this filing is to align the expiration and renewal period of an industrial hemp retailer permit with the specialized product retailer permit described in Title 45a, Chapter 4.

C. Summary of the new rule or change:

This filing amends Subsections R66-34-3(5) and (6) by changing the renewal date for an industrial hemp retailer permit from December 31 to April 30. A specialized product retailer license, which also must be acquired by an industrial hemp retailer, is renewed at this time. By changing December 31 to April 30, the Department of Agriculture and Food is aligning renewal dates between the permit and the license. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This amendment is not anticipated to result in fiscal impact on the state's budget because it does not amend existing regulatory requirements.

B. Local governments:

This amendment is not anticipated to result in fiscal impact on local governments because they do not issue industrial hemp retailer permits.

C. Small businesses ("small business" means a business employing 1-49 persons):

This amendment is not anticipated to result in fiscal impact on small businesses because it does not amend existing regulatory requirements. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 4 NOTICES OF PROPOSED RULES

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This amendment is not anticipated to result in fiscal impact on non-small businesses because it does not amend existing regulatory requirements. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): This amendment is not anticipated to result in fiscal impact on other persons because only businesses acquire industrial hemp retailer permits.

F. Compliance costs for affected persons:

Compliance costs are not changing. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and fo☒mation:

9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Section 4-41-103.1 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/02/2026

UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 5 NOTICES OF PROPOSED RULES 12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Kelly Pehrson, Commissioner Date: 09/11/2026 designee and title: R66. Agriculture and Food, Specialized Products. R66-34. Industrial Hemp Retailer Permit. R66-34-1. Authority and Purpose. Pursuant to Section 4-41-103.1 and Subsection 4-2-103(1)(i), this rule establishes the requirements for a person seeking an industrial hemp retailer permit. R66-34-2. Definitions. (1) "Conventional Food" means: (a) an article used for food or drink for human consumption or the components of the article; or (b) chewing gum or chewing gum components. (2) "Viable seeds" means seed that has a germination rate of greater than 0.0%. R66-34-3. Industrial Hemp Retailer Permit. (1) A person who sells, offers for sale, exposes for sale, or markets a cannabinoid product shall obtain a permit before offering the cannabinoid product for sale in Utah. (2) To obtain an industrial hemp retailer permit, an applicant shall: (a) obtain a specialized product retailer license under Title 4, Chapter 45a, Specialized Product Regulation; (b) submit a complete application to the department; (c) obtain a permit for each retail establishment location or web address; (d) pay the nonrefundable permit fee established in the fee schedule approved by the Legislature, with the application; and (e) provide a copy of the retailer's Cannabinoid Tax License from the Utah Tax Commission. (3) The department may deny a permit for an incomplete application. (4) Apermittee may renew their permit by submitting a complete application and annual renewal fee on or beforeApril 30[December 31] of each year. (5) The department shall assess a late fee for any renewal fee submitted [on or ]afterApril 30[January 1], and the permittee shall pay the late fee before the department issues the renewal. R66-34-4. Inspection and Testing. (1) The department may randomly inspect a retailer permittee to ensure cannabinoid products distributed, or available for distribution in Utah comply with statute, this rule, and Rule R66-35. (2) The department shall periodically sample, analyze, and test cannabinoid product distributed within the state for compliance with registration and labeling requirements, and the certificate of analysis, if applicable. (3) The department may inspect cannabinoid product distributed or available for distribution for any other reason the department deems necessary. (4) The department may, upon request, inspect a retailer permittee's records of receipt, inventory, and invoices to ensure cannabinoid product distributed or available for distribution in Utah is following this rule and Rule R66-35. (5) The sample taken by the department shall be the official sample. (6) Pursuant to Section 4-1-105, the department may take samples at no charge to the department. R66-34-5. Retailer Permittee Responsibilities. (1) A retailer shall provide the identity of the manufacturer or distributor of a cannabinoid product sold upon request of the department. (2) Aretailer may register the product in lieu of the manufacturer if the manufacturer has not registered the product. R66-34-6. Viable Industrial Hemp Seed. (1) A person who sells or markets viable industrial hemp seeds in the state may only sell viable seed to an industrial hemp producer licensed by the United States Department ofAgriculture (USDA). (2) An industrial hemp retailer that sells or distributes viable industrial hemp seed shall: (a) keep a record of each viable industrial hemp seed sale; and (b) submit the sales record to the department through the department's website on the day of each sale, including the following information: (i) the company name of the industrial hemp retailer; 6 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES (ii) the store or location name of the industrial hemp retailer making the sale; (iii) the complete industrial hemp retailer permit number; (iv) the first and last name of the individual who made the sale; (v) the complete date of the sale, including the month, day, and year; (vi) the brand name of the seeds and the quantity sold; (vii) the first and last name of the individual who made the purchase; (viii) the complete license number of the licensed hemp producer or grower who made the purchase; and (ix) the complete address and contact information of the individual who made the purchase, including street name and house number, city, state, zip code, phone number, and email address. (3) An industrial hemp retailer shall maintain records for two years from the date of the hemp seed sale and make them available for inspection by the department. (4) An industrial hemp retailer shall provide the department with a copy of any sales records within two business days of receiving a department request. R66-34-7. Temporary Retail Location. An industrial hemp retailer may sell cannabinoid products at a temporary location, if they: (1) provide a complete application for an industrial hemp retailer permit to the department that includes the dates and location; (2) pay the retailer permit fee; (3) provides proof that they hold a Cannabinoid Tax License from the Utah Tax State Commission; and (4) the department approves of the temporary location. R66-34-8. Violation. (1) A cannabinoid product shall be considered falsely advertised if the permittee makes a claim about a product that is not on the label. (2) It is a violation to: (a) market or sell cannabinoid product in Utah without an industrial hemp retail permit; (b) refuse inspection of a retail establishment, product for sale, or a product storage area; or (c) sell cannabinoid products without a Cannabinoid Tax License from the Utah Tax Commission. KEY: industrial hemp, retailer permit, specialized product retailer, cannabinoid tax license Date of Last Change: [August 21,] 2026 Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(i); 4-41-103.3 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58232