Hospitality & Retail - 2019 -


1. What is your state’s law on the use of CBD oil in products to be sold to the public, i.e. cosmetics, etc.?

Cannabidiol (CBD) products are legally available for sale throughout Utah so long as the product is registered with the Utah Department of Agriculture and Food or is approved by the United States Food and Drug Administration. Utah Code Ann. § 4-41-402. A fine will be assessed against any person who attempts to sell a CBD product to the public without registering the product with the Utah Department of Agriculture and Food. Utah Code Ann. § 4-41-404.

2. Regarding privacy issues, has your state adopted its own version of GDPR or how is your state dealing with GDPR requirements? What other privacy laws has your state adopted recently in response to concerns about the lack of protections for consumers?

Utah recently enacted the Electronic Information or Data Privacy Act. This statute protects the data of consumers who store electronic information with third party platforms from warrantless searches or seizures by law enforcement. Utah Code Ann. § 77-23c-102. The new law requires law enforcement to obtain a search warrant based upon probable cause in order to obtain the location information, stored date, or transmitted date of an electronic device as well as the electronic information stored in a remote computing platform. Id. There are a few exceptions listed by the law including if the electronic device is reported stolen, or the owner gives consent. Utah Code Ann. § 77-23c-102(2)(a)(i)-(vi).

Law enforcement must also notify the owner of the electronic device or information within 14 days of obtaining it pursuant to a valid warrant. Utah Code Ann. § 77-23c-103. A delay of no more than 30 days is available based upon the determination of a court. Utah Code Ann. § 77-23c-103. The Act also protects so called “subscriber records.” The information protected by this portion includes a subscriber or customer’s name, address, telephone record, history of service, type of service used, telephone number and the like, as well as means and source of payment for the service. Utah Code Ann. § 77-23c-104. This information is protected from use by law enforcement without a warrant with the exception of certain instances for the protection of the public. Utah Code Ann. § 77-23c-104. Finally, this Act excludes evidence obtained in violation of this act from use in court proceedings. Utah Code Ann. § 77-23c-105.