2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 103.2 - Cannabinoid processor license.

Effective 5/3/2023
4-41-103.2.
Cannabinoid processor license.
(1) The department or a licensee of the department may process a cannabinoid product.
(2) A person seeking a cannabinoid processor license shall provide to the department:
(a) the legal description and global positioning coordinates sufficient for locating the facility the person uses to process industrial hemp; and
(b) written consent allowing a representative of the department and local law enforcement to enter all premises where the person processes or stores industrial hemp for the purpose of:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(3) An individual who has been convicted of a drug-related felony within the last 10 years is not eligible to obtain a cannabinoid processor license.
(4) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for a cannabinoid processor license.
(5) A licensee may only market a cannabinoid product that the licensee processes.
(6)
(a) Each applicant for a license to process cannabinoid products shall submit to the department, at the time of application, from each key participant:
(i) a fingerprint card in a form acceptable to the Department of Public Safety;
(ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(iii) consent to a fingerprint background check by:
(A) the Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) The Bureau of Criminal Identification shall:
(i) check the fingerprints the applicant submits under Subsection (6)(a) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the department;
(iii) maintain a separate file of fingerprints that applicants submit under Subsection (6)(a) for search by future submissions to the local and regional criminal records databases, including latent prints;
(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(v) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(c) The department shall:
(i) assess an individual who submits fingerprints under Subsection (6)(a) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(ii) remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal Identification.
Amended by Chapter 146, 2023 General Session