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10 GCA Chapter 50:
Guam Pesticides Act
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The Guam Pesticides Act was first enacted by Public Law 10-142 in 1970. It outlines Guam's pesticide standards, regulates the importation of pesticides to the island, and establishes penalties for misuse of pesticides.
The full text of this law is included on this site for reference purposes only. Any questions about interpretation of these regulations should be directed to appropriate Guam EPA staff.
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CHAPTER 50
Guam Pesticides Act
§50101. Title.
§50102. Definitions.
§50103. Delegation of Duties.
§50104. Determination, Rules and Regulations, Uniformity.
§50105. Experimental Use Permits.
§50106. Pesticide and Registration.
§50107. Refusal, Cancellation or Suspension of Registration.
§50108. Licensing, Sale of Restricted Pesticides and Keeping of Records.
§50109. Denial, Suspension or Revocation of License.
§50110. Labeling Requirements.
§50111. Coloration of Certain Pesticides.
§50112. Prohibited Acts.
§50113. Seizures: "Stop-Sale" and "Removal From Sale" Orders.
§50114. Banning of Pesticides.
§50115. Rules and Regulations.
§50116. Denial, Suspension or Revocation of Certificate.
§50117. Cooperation.
§50118. Notice of Arrival of Pesticides and Devices.
§50119. Arrival of Shipment.
§50120. Shipments Arriving Without the Notice of Arrival.
§50121. Release of Shipment or Entry Refused.
§50122. Authority to Inspect.
§50123. Violations, Warning Notice, Notice of Defense, Hearings and Penalties.
§50124. Severability.
§50101. Title. This Chapter may be cited as the "Guam
Pesticides Act."
SOURCE: GC §57120. Top of the page.
§50102. Definitions. As used in this Chapter unless the
content clearly requires otherwise:
(1) Active Ingredients shall mean:
(a) In the case of a pesticide other than a
plant growth regulator, defoliant or
desiccant, an ingredient which
will prevent, destroy, repeal or mitigate
any pest;
(b) In the case of a plant growth regulator,
defoliant or desiccant, an ingredient
which, through physiological
action, will accelerate or retard the rate
of growth or rate of
maturation or otherwise alter the behavior
of ornamental or crop plants or the
produce thereof.
(2) Administrator shall mean the Administrator of the
Guam Environmental Protection Agency.
(3) Adulterated shall apply to any pesticide if its
strength or purity falls below the professed
standard of quality as expressed on its labeling
under which it is sold, or if any substance has
been substituted or abstracted wholly or in part
for the pesticide, or any valuable constituent of
the pesticide has been wholly or in part
abstracted.
(4) Agency shall mean the Guam Environmental
Protection Agency.
(5) Animal shall mean all vertebrate and invertebrate
species, including but not limited to man and
other mammals, birds, fish and shellfish.
(6) Board shall mean Board of Directors of the Guam
Environmental Protection Agency.
(7) Carrier shall mean every description of craft,
whether aircraft, surface craft or other
contrivance used or capable of being used as a
means of transportation in the air or water. The
person responsible for the carrier shall be the
owner, or his agent, including the operator having
the command of the carrier.
(8) Certified Pesticide Applicator shall mean any
individual who is certified under §50115(1) to use
and/or supervise the use of any restricted
pesticide.
(9) Custom Officer shall mean the Chief of Customs
under the Department of Commerce or his authorized
representative.
(10) Defoliant shall mean any substance or mixture of
substances intended to cause the foliage to drop
from a plant, with or without causing abscission.
(11) Desiccant shall mean any substance or mixture of
substances intended for artificially accelerating
the drying of plant tissues.
(12) Device shall mean any instrument or contrivance
(other than a firearm) intended for trapping,
destroying, repelling or mitigating pests or any
other form of plant or animal life; but not
including equipment used for the application of
pesticides when sold separately.
(13) Environment includes water, air, land and animals
living therein, all plants and man and the
interrelationships which exist among them.
(14) EPA shall mean the United States Environmental
Protection Agency.
(15) Experimental Use Permit shall mean a permit which
is issued by the Administrator only for bona fide
research programs under the supervision of public
officials.
(16) FIFRA shall mean the Federal Insecticide,
Fungicide, Rodenticide Act and its amendments.
(17) Fungus shall mean all nonchlorophyll-bearing
thallophytes including rusts, smuts, mildews,
molds and yeasts, except those on or living in
man or other animals and those on or in processed
foods, beverages or pharmaceutical.
(18) General Use Pesticide shall mean a pesticide
other than one designated as restricted pesticide.
(19) Imminent Hazard shall mean a situation which
exists when the continued use of a pesticide
during the time required for cancellation
proceedings would likely result in unreasonable
adverse effects on the environment, or would
involve unreasonable hazards to the survival of a
species declared endangered by the Secretary of
the Interior under P.L. 91-135.
(20) Importer shall mean the person who initially
receives incoming pesticides to Guam from an
outside or foreign source other than the United
States, its territories or possessions for the
purpose of sale, distribution or use.
(21) Importation shall mean importing or bringing of
chemical pesticides or devices from an outside or
foreign source other than the United States, its
territories and possessions into Guam.
(22) Inert Ingredient shall mean an ingredient which
is not an active ingredient and as such does not
act as a pesticide.
(23) Ingredient Statement shall mean:
(a) A statement of the chemical name and
common name where applicable of each
active ingredient, together with the name
and percentage of each and the total
percentage of inert ingredients, if any,
in the pesticide;
(b) Whenever the pesticide contains arsenic in
any form, a statement of the percentages
of total and water soluble arsenic, each
calculated as elementary arsenic.
(24) Insect shall mean invertebrate animals belonging
to the class Insecta including beetles, bugs,
bees, flies and other allied classes of
arthropods, including spiders, mites, ticks,
centipedes and wood lice.
(25) Label shall mean the written, printed or graphic
matter on or attached to the pesticide or device,
or any of its containers or wrappers. "Labeling"
means all labels and other written, printed or
graphic matter accompanying the pesticide or
device at any time or to which reference is made
on the label or in literature accompanying the
pesticide or device, except for current official
publications of the U.S. Environmental Protection
Agency, United States Department of Agriculture,
United States Department of Interior, United
States Department of Health, Education and
Welfare, state experiment stations, state or
territorial agriculture colleges or other similar
Federal, state or territorial institutions or
agencies authorized by law to conduct research in
the field of pesticides.
(26) Misbranded shall mean any pesticide or device if:
(a) Its labeling bears any statement, design
or graphic representation relative thereto
or to its ingredients which is false or
misleading in any particular;
(b) It is contained in a package or other
container or wrapping which does not
conform to the standards established by
the Board pursuant to §50110;
(c) It is an imitation of and is offered for
sale under the name of another pesticide
or device;
(d) Its labeling does not bear the Federal
registration number;
(e) Any advertisement by means of newspaper,
leaflet, radio or television is false or
misleading in any particular;
(f) The labeling accompanying it does not
contain instructions for use which are
necessary, proper and adequate for the
protection of the public;
(g) The label does not contain warning or
caution statements which may be necessary
and if complied with, together with any
requirements imposed under §3(d) FIFRA is
adequate to protect health and the
environment;
(h) The label does not bear an ingredient
statement on the immediate container;
(i) Any word, statement or other information
required by or under this Chapter to
appear on the labeling is not prominently
placed thereon with such conspicuousness
and in such terms as to render it likely
to be read and understood by the ordinary
individual under customary conditions of
purchase and use;
(j) In the case of a plant growth regulator,
defoliant or desiccant when used as
directed it is injurious to living man or
other vertebrate animals, or vegetation to
which it is applied, or to the person
applying such pesticides; provided that
physical or physiological effects on
plants or parts thereof shall not be
deemed to be injurious when this is the
purpose for which the plant growth
regulator, defoliant or desiccant was
applied, in accordance with the label
claims and recommendations.
(27) Nematode shall mean invertebrate animals of the
Phylum Nemathelminthes and the class Nematoda
including unsegmented round worms with elongated
fusiform or sac-like bodies covered with cuticle
and inhabiting soil, water, plants or plant parts.
(28) Notice of Arrival shall mean a legal document
authorized under §50118 for the purpose of
collecting information concerning the importation
and consignment of pesticides on Guam.
(29) Person shall mean the territory of Guam or any
instrumentality thereof, or any individual, firm,
corporation, association or partnership, or any
organized group of persons whether incorporated
or not.
(30) Pest shall mean any insect, rodent, nematode,
fungus, weed or any other form of terrestrial or
aquatic plant or animal life or virus, bacteria
or other microorganism, except viruses, bacteria
or other microorganisms on or in living man or
other living animals which the Board declares to
be a pest under §50104.
(31) Pesticide shall mean:
(a) Any substance or mixture of substances
intended for preventing, destroying,
repelling or mitigating any pest;
(b) Any substances or mixture substances
intended for use as a plant growth
regulator, defoliant or desiccant.
(32) Plant Growth Regulator shall mean any substance
or mixture of substances intended through
physiological action, for accelerating or
retarding the rate of growth or rate of
maturation, or for otherwise altering the
behavior of plants or the produce thereof, but
not including substances that are intended as
plant nutrients, trace elements, nutritional
chemicals, plant inoculants and soil amendments.
(33) Producer shall mean any person who manufactures,
prepares, compounds, propagates or processes any
pesticide or device. "Produce" shall mean to
manufacture, prepare, compound, propagate or
process any pesticide or device.
(34) Protect Health and the Environment or Protection
of Health and the Environment shall mean
protection against any injury to man and
protection against any unreasonable adverse
effects on the environment taking into account
the public interest, including benefits from the
use of the pesticide.
(35) Registrant shall mean a person who has registered
any pesticide or device pursuant to this Chapter.
(36) Restricted Pesticide shall mean:
(a) A pesticide so designated by regulation
under §3(d) of FIFRA and so designated on
its label; or
(b) A pesticide determined by the Board to be
unsafe for use by persons other than a
certified applicator, and so designated by
inclusion on a list of restricted
pesticides adopted by the Board.
(37) Sell or Distribute shall mean to distribute,
solicit, sell, offer for sale, hold for sale,
transport or deliver for transportation between
points within Guam.
(38) Unreasonable Adverse Effects on the Environment
shall mean any unreasonable risk to man or the
environment, taking into account the economic,
social and environmental costs and benefits of
the use of any pesticide.
(39) Territory shall mean the territory of Guam.
(40) Under the Direct Supervision of a Certified
Applicator shall mean unless otherwise specified
by its labeling, that the certified applicator is
physically present at the time and place the
pesticide is applied.
(41) Weed shall mean any plant which grows where not
wanted.
SOURCE: GC §57121. Top of the page.
§50103. Delegation of Duties. All authority vested in the
Board or Administrator by virtue of this Chapter may with like force
and effect be exercised by such employees of the Agency as the Board
or Administrator may from time to time designate for the purpose.
SOURCE: GC §57122. Top of the page.
§50104. Determination, Rules and Regulations, Uniformity.
(1) The Board shall, in accordance with the Administrative
Adjudication Law and after having afforded interested and affected
parties an opportunity to be heard, make and adopt rules or
regulations:
(a) To determine pesticides and pesticide uses which
are highly toxic to man, to designate pesticides
as restricted or general use and to establish a
system of control over the importation,
distribution and use of certain pesticides
purchased by the consuming public;
(b) To determine standards of coloring for pesticides
and to subject pesticides to the requirements of
§50111;
(c) To establish procedures for the registration of
pesticides;
(d) To establish procedures, conditions and fees for
the issuance of licenses for sale of restricted
pesticides;
(e) To establish procedures for the storage and
disposal of pesticides;
(f) To establish procedures for the certification of
pesticide applicators consistent with
certification regulations promulgated under FIFRA;
(g) To establish procedures for the collection and
examination of samples of pesticides or devices;
(h) To establish procedures regarding experimental use
of pesticides;
(i) To declare as a pest any form of plant and animal
life (other than man and other bacteria, virus and
other microorganisms or originating in living man
or other living animals) which is injurious to
health or the environment.
SOURCE: GC §57123. Top of the page.
§50105. Experimental Use Permits. (a) Issuance. Any person
may apply to the Administrator for an experimental use permit for a
pesticide. The Administrator may issue an experimental use permit if
he determines that the applicant needs such permit in order to
accumulate information necessary to register a pesticide under §50106.
An application for an experimental use permit may be filed at the time
of or before or after an application for registration is filed.
(b) Temporary Tolerance Level. If the Administrator determines
that the use of a pesticide may reasonably be expected to result in
any residue on or in food or feed, he may establish a temporary
tolerance level for the residue of the pesticide before issuing the
experimental use permit.
(c) Use Under Permit. Use of a pesticide under an experimental
use permit shall be under the supervision of the Administrator, and
shall be subject to such terms and conditions and be for such period
of time as the Administrator may prescribe in the permit.
(d) Studies. When any experimental use permit is issued for a
pesticide containing any chemical or combination of chemicals which
has not been included in any previously registered pesticide, the
Administrator may specify that studies be conducted to detect whether
the use of the pesticide under the permit may cause unreasonable
adverse effects on the environment. All results of such studies shall
be reported to the Administrator before such pesticide may be
registered under §50106.
(e) Revocation. The Administrator may revoke any experimental
use permit, at any time, if he finds that its terms or conditions are
being violated, or that its terms or conditions are inadequate to
avoid unreasonable adverse effects on the environment.
SOURCE: GC §57124. Top of the page.
§50106. Pesticide and Registration. (a) Any pesticide which is
imported from any foreign country or non-U.S. manufacturer to this
Territory, from countries other than the United States offered for
sale, held for sale or distributed in this Territory shall be
registered with the Agency; provided that products which have the same
formula are manufactured by the same person, the labeling of which
contains the same claims and the labels of which bear a designation
identifying the product as the same pesticide, may be registered as a
single pesticide and additional names and labels shall be added by
supplemental statements during the current period of registration. The
registrant shall file with the Administrator a statement including:
(1) The name and address of the registrant and the
name and address of the persons whose names will
appear on the label, if other than the registrant;
(2) The name of the pesticide;
(3) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made
for it, including directions for use; and
(4) If requested by the Administrator a full
description of the tests made the results thereof
upon which the claims are based.
(b) The Administrator, whenever he deems it necessary in the
administration of this part, may require the submission of the
complete formula of any pesticide.
(c) If it appears to the Administrator that the composition of
the article and its labeling and other material required to be
submitted comply with the requirements of this Act and §24(c) of
FIFRA, he shall register the article.
(d) Any pesticide which has been approved for use by the U.S.
EPA prior to arrival in Guam shall not be required registration with
the Agency.
SOURCE: GC §57125. Top of the page.
§50107. Refusal, Cancellation or Suspension of Registration.
(a) The Administrator may refuse to register a pesticide when he
determines that:
(1) The pesticide or its labeling does not comply with
this Chapter or the regulations promulgated
thereunder; or
(2) The registrant fails to comply with the
registration procedures set forth by regulation;
or
(3) The pesticide is misbranded as defined by
§50102(26); or
(4) The proposed use would result in substantial
adverse effect on the environment.
(b) To protect the health and environment, the Board may,
after a public hearing, cancel the registration of a pesticide. Such
cancellation shall be made after the Board has determined that the
continued use of the pesticide would result in unreasonable adverse
effects on the environment.
(c) If the Administrator determines that action is necessary
to prevent an imminent hazard during the time required for
cancellation proceedings, he may, by order, suspend the registration
of a pesticide immediately. The suspension order shall be in effect
until the Board issues its final order either cancelling or denying
the cancellation of the registration.
(d) Any person who will be adversely affected by such order
may obtain judicial review thereof by filing in the Superior Court of
Guam, within sixty (60) days after the entry of such order, a petition
saying that the order be set aside in whole or in part. The Court
shall have jurisdiction to affirm or set aside the order complained of
in whole or in part. The findings of the Board with respect to
questions of fact shall be sustained if supported by substantial
evidence when considered on the record as a whole.
(e) Upon application, the Court may remand the matter to the
Board to take further testimony if there are reasonable grounds for
the failure to adduce such evidence in the prior hearing. The Board
may modify its findings and its order by reason of the additional
evidence so taken and shall file the additional record and any
modification of the findings or order with the Clerk of the Court.
SOURCE: GC §57126. Top of the page.
§50108. Licensing, Sale of Restricted Pesticides and Keeping
of Records. (a) Every person who sells or distributes restricted
pesticides shall obtain an annual license from the Agency. Conditions,
procedures and fees for licenses shall conform to the regulations
promulgated hereunder.
(b) Any person issued a license or registration permit under
the provisions of this Act shall be required by the Administrator to
keep accurate records containing the following information:
(1) The delivery, movement or holding of any pesticide
or device including the quantity;
(2) The date of shipment and receipt;
(3) The name of the consignor and consignee; and
(4) Any other information necessary for the
enforcement of this Act as prescribed by the
Administrator.
(c) The Administrator shall have access to such records at any
reasonable time to copy or make copies of such records for the purpose
of carrying out the provisions of this Act. Unless required for the
enforcement of this Act, such information shall be confidential and if
summarized, shall not identify an individual person.
SOURCE: GC §57127. Top of the page.
§50109. Denial, Suspension or Revocation of License. Any
license pursuant to this Act or regulations adopted hereunder may be
denied, suspended or revoked by the Administrator, after due hearing,
for violation of any provisions of this Chapter or any rule or
regulation promulgated pursuant to this Chapter, the misuse of a
pesticide (both general use and restricted use pesticides) as well as
violation of any condition of the license or of any law or regulation
pertaining to the sale or distribution of pesticides. Any order made
by the Administrator for the suspension or revocation of a license
shall be in writing and shall set forth the reasons for the suspension
or revocation.
SOURCE: GC §57128. Top of the page.
§50110. Labeling Requirements. Each container of pesticides
shall bear thereon or attached thereto in a conspicuous place, a
plainly written or printed label in the English language providing the
following information:
(1) Name, brand or trademark under which the pesticide is sold
or distributed;
(2) Ingredient statement;
(3) Direction for use which if complied with will adequately
protect the health and environment;
(4) Warning or caution statements as specified by regulation;
(5) Weight or measure of content;
(6) EPA registration number;
(7) EPA establishment number; and
(8) Classification statement.
SOURCE: GC §57129. Top of the page.
§50111. Coloration of Certain Pesticides. (a) Pesticides known
as standard lead arsenate, basic lead arsenate, sodium arsenate,
calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite,
sodium fluoride, sodium fluosilicate or barium fluosilicate shall be
distinctly colored as specified by regulation.
(b) The Board may, after hearing, require the coloration of
other pesticides that it determines to be necessary to protect the
health and environment.
(c) The Board may exempt the coloration requirements for
certain uses that it determines not to have substantial adverse
effects on the environment.
SOURCE: GC §57130. Top of the page.
§50112. Prohibited Acts. (a) Except as otherwise exempted in
§50123 it shall be unlawful for any person to distribute, import from
countries other than the United States, sell, offer for sale, hold for
sale, transport, deliver for transportation or receive and having so
received, deliver or offer to deliver to any person in this Territory
any of the following:
(1) Any pesticide which is not registered with EPA or
any registered pesticide if the composition
differs from its registered composition or any of
the claims made for it or any of the directions
for its use differ in substance from the
representations made in connection with its
registration under §50106.
(2) Any pesticide unless it is in the registrant's or
the manufacturer's unbroken immediate container,
and there is affixed to the container and to the
outside container or wrapper of the retail
package, if any, through which the required
information on the immediate container cannot be
clearly read, a label bearing such information
pursuant to §50110.
(3) Any pesticide which contains any substance or
substances in quantities highly toxic to man, as
determined under §50104 unless the label bears, in
addition to any other matter required by this
part:
(i) A symbol of the skull and crossbones;
(ii) The word "POISON" prominently, in red, on
a background of distinctly contrasting color;
and
(iii) A statement of an antidote for the
pesticide.
(4) Any pesticide whose coloration is not in
conformity with §50111.
(5) Any pesticide which is adulterated or misbranded.
(6) Any restricted pesticides unless the person has a
license issued in accordance with §50108.
(7) Any restricted pesticides to persons other than a
certified pesticide applicator or a licensed
dealer.
(8) Any device which is misbranded.
(b) It shall be unlawful for any person to:
(1) Use, apply or supervise the use of or application
of any pesticide inconsistent with its labeling or
restrictions imposed by the Administrator.
(2) Use, store, transport, mix or discard any
pesticide or the containers of such pesticide in
any manner which would have adverse effects on the
environment.
(3) Use or apply restricted pesticides unless the
person is acting under the immediate supervision
and control of a certified pesticide applicator
with a valid certificate issued pursuant to
regulations adopted under §50115.
(4) Import, sell, distribute, transport, use or apply
pesticides in any manner that has been banned
pursuant to §50114.
(c) It shall be unlawful to:
(1) Detach, alter, deface or destroy, in whole or in
part, any label or alter any labeling of a
pesticide unless such action is taken with the
approval of the Administrator to correct an
improper label or labeling.
(2) Add any substance to or take any substance from a
pesticide in a manner that may defeat the purpose
of this Act.
(3) Use for a person's own advantage or to reveal any
information relative to formulas of products
acquired in the administration of this Chapter to
persons other than to proper officials or
employees of the Agency or the courts of this
Territory in response to a subpoena or to
physicians or in emergencies to pharmacists and
other qualified persons for use in the preparation
of antidotes.
(4) For any pesticide dealer, wholesaler or retailer
to expose or to offer for sale or to solicit or
receive orders for the sale of restricted
pesticides unless the dealer, wholesaler or
retailer has applied for and has obtained an
annual license from the Agency pursuant to §50108.
(5) For any pesticide dealer, wholesaler or retailer
to expose or to offer for sale or to solicit or
receive orders for the sale of restricted
pesticides to any person other than a certified
pesticide applicator.
(6) For any pesticide dealer to falsify any report or
record required to be made or maintained by the
Administrator pursuant to §50108.
SOURCE GC §57131. Top of the page.
§50113. Seizures: "Stop-Sale" and "Removal From Sale" Orders.
(1) Any pesticide or device that is distributed, sold, offered for
sale, transported or delivered for transportation in violation of
§50112(1) through (5) herein, may be seized. Any article seized
hereunder shall, after entry of decree, be disposed of by destruction
or sale as the court directs and the proceeds, if the article is sold,
shall be paid to the General Fund of the Territory; provided that the
article shall not be sold contrary to §50112(1) through (5), herein,
and provided that upon payment of costs and execution and delivery of
a good and sufficient bond conditioned that the article shall not be
disposed of unlawfully, the court may direct the article to be
delivered to the owner thereof for relabeling or reprocessing as the
case may be.
(2) The Administrator or his authorized agent may issue and
enforce a written or printed "stop-sale" or "removal from sale" order
to withhold from sale any pesticide or device that is distributed,
sold, offered for sale, transported or delivered for transportation in
violation of §50112(1) through (5) herein.
(3) When a decree of condemnation is entered against the
pesticide or device, court costs, fees, storage and other proper
expenses shall be awarded against the person, if any, appearing as
claimant of the pesticide.
SOURCE: GC §57132. Top of the page.
§50114. Banning of Pesticides. In order to protect the public
and the environment, the Board may ban the use of certain pesticides
or specific uses of certain pesticides when such usage is deemed to
have unreasonable adverse effects on the environment. The
Administrator shall take necessary action to cancel the registration
of such banned pesticides or uses as provided in §50107.
SOURCE: GC §57133. Top of the page.
§50115. Rules and Regulations. The Agency shall have the
authority to carry out and effectuate the purpose of §50104(f) by
adopting rules and regulations in accordance with the Administrative
Adjudication Law, including but not limited to the following:
(1) To establish procedures, conditions and standards to
certify persons for the use of restricted pesticides;
(2) To establish limitations and conditions for the use and
application of pesticides;
(3) To establish, as necessary, specific standards and
guidelines which specify those conditions related to the use
and application of pesticides which may constitute
unreasonable adverse effects on the environment;
(4) To establish categories and, where applicable,
subcategories of certifications to be issued by the
Administrator;
(5) To require certified applicators to make and maintain
records concerning the use and application of restricted use
pesticides, and to make reports concerning such use and
application to the Administrator;
(6) To establish provisions to ensure that certified
applicators continue to meet the requirements of changing
technology and to assure a continuing level of competence and
ability to use pesticides safely and properly.
SOURCE: GC §57134. Top of the page.
§50116. Denial, Suspension or Revocation of Certificate. Any
certificate issued pursuant to this Act or any regulation promulgated
hereunder may be denied, suspended or revoked by the Board, after
hearing, for violation of any provision of this Chapter or any rule or
regulation promulgated pursuant to this Chapter, the misuse of a
pesticide (both general use and restricted use pesticide) as well as
violation of any condition of the certificate pertaining to the use of
any restricted pesticide, or if convicted or subject to a final order
assessing a civil penalty pursuant to §14, FIFRA. Any order made by
the Board for the suspension or revocation of a certificate shall be
in writing and shall set forth the reasons for the suspension of
certification. The action of the Board in suspending or in revoking a
certificate may be reviewed in the manner provided by §50107(d).
SOURCE: GC §57135. Top of the page.
§50117. Cooperation. The Administrator is authorized and
empowered to cooperate with and enter into agreements with any person,
or agency of the Federal government for the purpose of carrying out
provisions of this Act:
(a) To delegate to any individual or agency the
authority to cooperate in the enforcement of this Act
through the use of its personnel or facilities, to
train personnel of the Territory to cooperate in the
enforcement of this Act, and to assist the Territory
in implementing cooperative enforcement programs
through grants-in-aid;
(b) To develop and administer territorial programs for
training and certification of applicators consistent
with the standards which are prescribed by the EPA.
SOURCE: GC §57136. Top of the page.
§50118. Notice of Arrival of Pesticides and Devices. An
importer desiring to import pesticides or devices into Guam shall
submit to the Administrator a completed Agency Notice of Arrival prior
to the arrival of the shipment. Promptly after receipt, the
Administrator shall complete said form, indicating the disposition to
be made of the shipment of pesticides or devices upon its arrival in
Guam and shall return the form to the importer or his agent.
SOURCE: GC §57137. Top of the page.
§50119. Arrival of Shipment. Upon arrival of a shipment of
pesticides or devices, the importer or his agent shall submit to the
Customs Officer at the port of first arrival, the Notice of Arrival
completed by the Administrator and indicating to Customs the action to
be taken on the shipment of pesticides or devices. The Customs Officer
at the port of arrival shall immediately notify the Agency of such
arrival of shipment and compare documents for the shipment of
pesticides or devices and certify its agreement therewith.
SOURCE: GC §57138. Top of the page.
§50120. Shipments Arriving Without the Notice of Arrival.
When a shipment of pesticides or devices arrives in Guam without the
submission by the importer or his agent of the Notice of Arrival, such
shipment shall be refused entry by the Customs Officer. Any expenses
incident to the handling, storage or transfer of pesticides or devices
refused entry into Guam shall be at the carrier's risk and expense.
SOURCE: GC §57139. Top of the page.
§50121. Release of Shipment or Entry Refused. If the
completed Notice of Arrival directs the Customs Officer to release the
shipment of pesticides or devices and from examination if it appears
to be in compliance, the shipment shall be released to the importer.
If the completed Notice of Arrival directs the Customs Officer to
refuse entry of a shipment and from examination of the shipment it
appears to violate provisions of this Act such shipment shall be
refused entry and shall be treated as a prohibited importation.
SOURCE: GC §57140. Top of the page.
§50122. Authority to Inspect. (a) The Agency or any authorized
representative or employee of the Agency may enter upon any public or
private property, according to law at any reasonable time to examine
and inspect application methods and equipment, to examine and collect
sample of plants, soil and other materials and to perform any other
act for the purpose of carrying out and effectuating the purposes of
this Act.
(b) Should entry be denied to any place where entry is sought,
the Agency or any authorized representative or employee of the Agency
may apply to any court of competent jurisdiction for a search warrant
authorizing entry. The court may, upon a showing by the Administrator
that there is reason to believe that the provisions of this Act have
been violated, issue a search warrant.
SOURCE: GC §57141. Top of the page.
§50123. Violations, Warning Notice, Notice of Defense,
Hearings and Penalties. (a) Any person who violates this Act or any
rule or regulation hereunder shall upon the first violation be issued
a written warning notice citing the specific violation and necessary
corrective action.
(b) Any person issued a written warning notice may file a
Notice of Defense and have an opportunity for a hearing on such
charges in accordance with the provision of the Administrative
Adjudication Law.
(c) Any person who knowingly violates this Act or any rule or
regulation hereunder shall be punished by a fine of not more than Five
Hundred Dollars ($500) or imprisoned for not more than six (6) months,
or both.
SOURCE: GC §57142. Top of the page.
§50124. Severability. If any provision of this Chapter is
declared unconstitutional, or the applicability thereof to any person
or circumstance is held invalid, the constitutionality of the
remainder of this Chapter and applicability thereof to other persons
and circumstances shall not be affected.
SOURCE: GC §57143.
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