American Samoa Administrative Code

Prescription and insulin-containing drugs subject to the provisions of § § 503 (b) (1) or 506 of the federal Food, Drug, and Cosmetic Act shall be exempt from the provisions of this article. History: Rule 6-76, eff 19 Oct 76, § 63.

Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this article which specify how measurement of commodities should be expressed; provided that: (1) the net quantity of contents on packages of movie film and bulk still film …

(a) Paints, varnishes, lacquers, thinners, removers, oils, resins, and solvents, when packaged in l-liquid-pint and l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b). (b) Tint base paint may be labeled on the principal display pan…

Antifreeze, when packed in l-liquid-quart units, in metal or plastic containers, shall be exempt from the dual quantity declaration requirements of 27.0629(b). History: Rule 6-76, eff 19 Oct 76, § 66.

Motor oils, when packed in l-liquid-quart units, shall be exempt from the dual quantity declaration requirements of 27.0629(b). Additionally, motor oil in l-liquid-quart, l-gallon, 1-1/4 gallon, 2-gallon, and 2-1/2- gallon units, bearing the principal display panel on the body of…

Those products, including pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a permanent label as designated by the Association of Bedding and Furniture Law Officials or by the California Bureau of Home Furnishings shall be exempt from the requirements of …

Individual packaged commodities put up in variable weights and sizes for sale intact, and intended to be weighed and marked with the correct quantity statement prior to or at the point of retail sale, are exempt from the requirements of 27.0621 while moving in commerce and while …

When a packaged consumer commodity is properly measured in terms of count only, or in terms of count and some other appropriate unit, and the individual units are fully visible to the purchaser, such packages shall be labeled in full accord with this article, except that those co…

Packaged fishing lines and reels are exempt from the dual quantity declaration requirements of 27.0629; provided, that the quantity or capacity, as appropriate, is presented in terms of yards in full accord with all other requirements of this article. History: Rule 6-76, eff 19 O…

(a) Variations from the declared net weight, measure, or count shall be permitted when caused by unavoidable deviations in weighing, measuring, or counting the contents of individual packages that occur in good packaging practice, but such variations shall not be permitted to suc…

(a) The term “cents-off representation” means any printed matter consisting of the words “cents off’ or words of similar import, placed upon any consumer package or placed upon any label affixed or adjacent to such package, stating or representing by implication that it is being …

(a) ‘”Introductory offer” means any printed matter consisting of the words “introductory offer” or words of similar import, placed upon a package containing any new commodity or upon any label affixed on or adjacent to such new commodity, stating or representing by implication th…

(a) “Economy size” means any printed matter consisting of the words “economy size”, “economy pack”, “budget pack”, “bargain size”, “value size”, or words of similar import placed upon any package containing any consumer commodity or placed upon any label affixed or adjacent to su…

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end all provisions of t…

All rules heretofore adopted on packaging and labeling are hereby superseded in their entirety and of no further force and effect. History: Rule 6-76, eff 19 Oct 76, § 77.

The rule codified in this chapter is adopted under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa, and 4.0302(a) and 4.1002 ASCA. History: Rule 3-82, eff 12 May 82, § 1.

In this chapter, unless the context otherwise requires : (1) “Agriculture produce” means any agricultural commodity; (2) “Board” means the Agriculture Produce Board; (3) “Chairman” means the chairman of the board; (4) “Government” means Samoa government; and (5) “Governor” means …

(a) There is established the Agriculture Produce Board. (b) The board consists of the following members: (1) The Director of Agriculture, who shall be the chairman; (2) The Deputy Secretary of Samoan Affairs, who shall be the deputy chairman; (3) The Agricultural Economist of the…

(a) Members of the board by virtue of office or position serve while holding that office or position. (b) Appointed members of the board shall hold office for a period of 4 years, and may be reappointed. Subject to the provisions of 27.0705, every appointed member shall continue …

(a) An appointed member may at any time resign his office by notice in writing to the chairman. (b) The Governor, acting on the advice of the chairman or the board, may remove an appointed member: (1) For disability or neglect of duty; (2) If he is satisfied that the appointed me…

(a) Board meetings shall be held at such times and places as the chairman or the board directs. (b) The chairman shall call a meeting whenever required to do so in writing by any 2 members. (c) At any meeting 4 members shall form a quorum. (d) The chairman shall preside at every …

(a) Any member, who otherwise than as a member, is directly or indirectly interested in any business of the board, shall, as soon as possible after the relevant facts have come to notice disclose the nature of his interest at a meeting of the board. (b) A disclosure under subsect…

The board shall have the following general objectives: (1) To control and regulate the supply of agriculture produce in American Samoa; (2) To promote and foster the stability of domestic agriculture produce in American Samoa; (3) To promote and foster a sound marketing structure…

In pursuance of its objectives, the board shall have the following powers concerning the importation of agriculture produce into American Samoa : (1) To formulate policies, and to keep under review and, where necessary, develop changes in such policies; (2) To recommend to the Go…

The following eligibility requirements for an agriculture produce license are established : (1) Each licensee must be either a sole proprietor, partnership or corporation authorized to do business under the laws of American Samoa; (2) Sole proprietors and partners must be 21 year…

(a) A licensee shall import agriculture produce in the minimum and maximum amounts, based on weight, number of packaged units, and/or other reasonable criteria established by the board, on a periodic basis determined by the board. If a licensee’s shipment will not meet existing b…

Any license approved by the board may be suspended or revoked after reasonable notice and opportunity for hearing, for the following reasons : (1) Noncompliance with any of the regulations contained in 27.07110; (2) Failure to import produce for 2 consecutive weeks with no advanc…

(a) The Chief Quarantine Officer in cooperation with the board shall monitor all incoming shipments of agriculture produce from outside of American Samoa to insure compliance with the regulations contained in this chapter. The Chief Quarantine Officer is empowered to deny landlin…

The following rules and regulations have been adopted by the director of agriculture pursuant to authority given under Public Law 16-27, for implementation of the farm subsidy program: Section 3. Special Eligibility Requirements. (a) To continue eligibility for the subsidy provid…

(a) “Pig-farmer” is one who operates a piggery of not less than 5 sows for the first 3 years, and 7 sows years thereafter in a confined area of not less than 6-8 square feet per adult pig. (b) Requirements. (1) A piggery must be provided with adequate water supply of not more tha…

(a) “Chicken farmer” is one who raises 200 birds inside an enclosed area. (b) Requirements. (1) Enclosed area must be provided with shelter, feed water trough, and for laying flocks an area for brooding or laying of eggs; (2) A farmer must provide the Department of Agriculture wi…

A “beef farmer” raises at least 5 beef breed cows in a pasture or completely fenced area with a continuous source of fresh water and provides faci1ities to control and work the cattle. History: Rule 2-83, eff 7 Mar 83, § 3.

A “dairy farmer” operates a goat or cow milking of at least two cows, or three goats, provides for fenced pasture with continuous fresh water, milking shed facilities, feed supplement and milk handling equipment acceptable to standard public health requirements. History: Rule 2-8…

A “taro farmer” is one who operates not less than 1 acre of taro plantation, and keeps it 75% weeded as well as relatively free of pest and diseases infestation. He must maintain a monthly planting program of not less than 1,500 tops. El History: Rule 2-83, eff 7 Mar 83, § 5.

A “banana farmer” is one who, operates not less than 2 acres of banana plantation, and keeps it 75% weeded and bunchy top free, sprays it with fungicides at two-week intervals, and maintains a monthly planting program of not less than 200 plants per month for the first four month…

A “vegetable farmer” is one who operates not less than 1/2 acre of different varieties of vegetable crops. Within 4 months, he must increase his farm to one acre and maintains not less than one acre of vegetables at all times. Entire cultivated area must be kept weed-free at all …

A farmer specializing in other crops or livestock will be eligible only if lie operates a commercial venture; eligibility will be determined by the director of agriculture on the case-by-case basis. History: Rule 2-83, eff 7 Mar 83,§ 8

(a) In addition, the farmer will cooperate with agriculture specialists in improving production. (b) The director of agriculture shall have the discretion to either suspend or remove a farmer’s name from the eligibility list for failure to comply with any of the rules and regulat…

This rule is issued pursuant to authority granted In ASCA 27.0402(c) for the purpose of insuring the director of the Consumer Protection Bureau will avoid competition with private attorneys in the representation of clients. History: Rule 5-85, eff 30 Dec 85.

(a) “Appeal” means any appellate proceeding in an action as defined by law or usage in American Samoa or the High Court of American Samoa. (b) “Appropriate civil actions” shall include cases filed in court on behalf of individual consumers as well as groups or classes of consulta…

The Consumer Protection Bureau shall not provide legal assistance in a fee-generating case unless other adequate representation is unavailable. History: Rule 5-85, eff 30 Dec 85.

Other adequate representation is deemed to be unavailable when: (a) The director has determined the case or matter involves restitution pursuant to ASCA 22.1501 et seq., 27.0405, 27.-0701 et seq. and any other restitution provision pursuant to law involving the director. (b) The …

The Consumer Protection Bureau may seek and accept a fee awarded or approved by a court or included in a settlement if the requirements of Section 27.0904 are met. Such fees are to be made payable to “ASG Treasurer-Consumer Protection Bureau”. History: Rule 5-85, eff 30 Dec 85.

The Consumer Protection Bureau may accept an appropriate civil action in accordance with this rule whether the action involves broad policy issues or not and may, in the discretion of the director, decline representation to any consumer. History: Rule 5-85, eff 30 Dec 85.

The director may file an appeal on behalf of a consumer if the requirements of Section 27.0904 are met, whether the action was initially instituted by the Consumer Protection Bureau. History: Rule 5-85, eff 30 Dec 85.

The director may file an amicus curiae at the request of a private attorney in an appropriate civil action in accordance with the rules of the court in which an action is filed. History: Rule 5-85. eff 30 Dec 85.

The contractors licensing board and contractor license administrator derive their authority from Chapter 31.05 ASCA, in general, and 31.0503 and 31.0504 ASCA, in particular. The rules codified in this article are promulgated pursuant to 31.0503 (1) and (2) ASCA. History: Contract…