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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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URL: https://guamepa.govguam.net/regs/chapter50.html
Last update: 2 January 2001

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