Title 24 — Ecosystem Protection and Development
15 chapters · 178 sections in this title.
A.S.C.A. § 24.1201 Short title
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The act codified in this chapter shall be known and may be cited as the “American Samoa Pesticide Act of 1 979”. History: 1979, PL 16-51, § 1.
A.S.C.A. § 24.1202 Definitions
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As used in this chapter: (1) “Animal” means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish and shellfish. (2) Applicators. (A) “Certified applicator” means any individual who is certified under 24.1212 through 24.1216 to u…
A.S.C.A. § 24.1203 Enforcing official
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This act shall be administered by the Director, Department of Agriculture, hereinafter referred to as “Director”. History: 1979, PL 16-51 § 1.
A.S.C.A. § 24.1204 Director-Authority
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The Director is authorized, after due notice and an opportunity for a hearing, to: (1) declare as a pest any form of plant or animal life (other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals) which is injurious to …
A.S.C.A. § 24.1205 Director-Rule-making authority
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The Director is authorized, after due notice to adopt appropriate rules as necessary for the enforcement and administration of this chapter, including but not limited to rules providing for: (1) the collection, examination, and reporting of samples of pesticides or devices under …
A.S.C.A. § 24.1206 Director-Rules-Labeling, registration, experimental, application
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(a) For the purpose of uniformity and in order to enter into cooperative agreements, the Director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, registration requirements, and issuance of experimental use permits as established by…
A.S.C.A. § 24.1207 Director-Determination of restricted pesticide uses
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In addition to those restricted use pesticides classified by the administrator, EPA, the Director may also, by rule, determine restricted pesticide uses for the territory or for designated areas within the Territory. If the Director determines that the pesticide (when applied in …
A.S.C.A. § 24.1208 Rules to be consistent with federal regulations
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Rules adopted under this act shall not permit any pesticide use which is prohibited by FIFRA and regulations or orders issued under it. Rules relating to certified applicators, special local needs registrations and experimental use permits shall not be inconsistent with the requi…
A.S.C.A. § 24.1209 Authority to make reports
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In order to comply with §4 of FIFRA, the Director is authorized to make reports to the EPA in a form and containing the information that agency may from time to time require. History: 1979, PL 16-51 § 1.
A.S.C.A. § 24.1210 Standards of competency
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(a) Standards of competency for the certification of pesticide applicators may relate to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual’s certification, and shall be relative to the hazards involved…
A.S.C.A. § 24.1211 Certification requirements
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No individual may use or supervise the use of any restricted use pesticide unless the individual is a certified applicator; provided, that a competent individual who is not a certified applicator may use a restricted use pesticide under the direct supervision of a certified appli…
A.S.C.A. § 24.1212 Commercial applicator’s certificate-Required
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No commercial applicator may use or supervise the use of any restricted use pesticide without a commercial applicator’s certificate issued by the Director. History: 1979, PL 16-51 § 1.
A.S.C.A. § 24.1213 Commercial applicator’s certificate-Application
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Application for the commercial applicator’s certificate shall be made in writing to the Director on a designated form obtained from the Director’s office. Each application for a certificate shall contain information regarding the applicant’s qualifications and proposed operations…
A.S.C.A. § 24.1214 Commercial applicator’s certificate-Written examination
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The applicant shall pass a written examination to demonstrate to the Director his knowledge of the nature and effect of pesticides. The examination will cover at a minimum the general standards of competency in 40 CFR 171.4(b) and 171.6 as well as the specific standards in 40 CFR…
A.S.C.A. § 24.1215 Commercial applicator’s certificate-Issuance
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The Director may issue a commercial applicator certificate to any applicant who fulfills the requirements specified in 24.1212 through 24.1215. Commercial applicator certificates shall be valid for a period of 2 years from the date of issuance unless sooner suspended or revoked b…
A.S.C.A. § 24.1216 Private applicators
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(a) No private applicator may use or supervise the use of any restricted use pesticide without first complying with the certification requirements established by the Director by rule. (b) Certification for private applicators will at a minimum include those standards specified in…
A.S.C.A. § 24.1220 Certification-Suspension or revocation
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The Director may suspend, pending inquiry, for not longer than 10 days and after opportunity for a hearing may deny, suspend, revoke, or modify any provision of any certification issued under this act if he finds that the applicant or the holder of a license, permit, or certifica…
A.S.C.A. § 24.1221 Unlawful distributions
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It is unlawful for any person to distribute in this territory any of the following: (1) any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the compo…
A.S.C.A. § 24.1222 Unlawful acts
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It is unlawful for any person to: (1) distribute any restricted use pesticide to any person who is not certified or under the direct supervision of an individual who is certified to use or purchase such pesticide; provided, that the Director may permit distribution to an uncertif…
A.S.C.A. § 24.1223 Exemptions to penalties
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(a) The penalties provided for violations of paragraphs (1) through (4) of 24.1221 do not apply to: (1) any carrier while lawfully engaged in transporting a pesticide within American Samoa, if the carrier, upon request, permits the director to copy all records showing the transac…
A.S.C.A. § 24.1224 Enforcement-Search Warrant
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(a) For the purpose of carrying out the provisions of this chapter, the Director may enter upon any public or private premises at reasonable times, in order to: (1) have access for the purpose of inspecting any equipment used in applying pesticides; (2) inspect or sample lands ac…
A.S.C.A. § 24.1225 Stop sale, use, or removal order
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When the Director has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this chapter, or of any of the rules adopted, he may issue and serve a written “stop sale, use, or removal” order up…
A.S.C.A. § 24.1230 Information required on records
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(a) Any distributor of pesticides may be required by the Director to keep accurate records containing the following: (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 consignor and consi…
A.S.C.A. § 24.1231 Cooperation with other agencies
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The Director may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government of this territory or its subdivisions, or with any agency of another state, in order to: (1) secure uniformity of rules; (2) register pe…
A.S.C.A. § 24.1232 Delegation of duties
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The functions vested in the Director by this act may be delegated by him to employees of the department or agents as the Director may from time to time designate for those purposes. History: 1979, PL 16-51 § 1.
A.S.C.A. § 24.1233 Violation-Penalties
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(a) Any person violating any provisions of this chapter or rules adopted under it is guilty of a class B misdemeanor for the 1st violation. In any instance where a person was issued a warning in writing by the Director under this chapter, the person shall, upon conviction of that…
A.S.C.A. § 24.1250 Definitions
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As used in this chapter: (a) “Fungicide” means any solution or product used to inhibit the growth of fungi. (b) “Herbicide” means any solution or product used to destroy or inhibit any form of plant growth. (c) “Insecticide” means any chemical solution or product the purpose of w…
A.S.C.A. § 24.1251 Ban on DDT
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The importation, sale, or use of the chemical dichloro-diphenyl-trichloroethane, commonly known as DDT, is absolutely prohibited in American Samoa. History: 1970, PL 11-108.
A.S.C.A. § 24.1252 Power of Director of Agriculture
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The Director of Agriculture may: (1) ban the importation of such fungicides, herbicides, and insecticides, in addition to DDT, as he finds to constitute a danger to the people, animals or crops in American Samoa; (2) set forth requirements for the labeling of fungicide, herbicide…
A.S.C.A. § 24.1253 Age restriction on sales
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The sale of any fungicide, herbicide, or insecticide to persons under the age of 18 years is prohibited. History: 1970, PL 11-108; 1972, PL 12-54 § 3.
A.S.C.A. § 24.1254 Suspension or revocation of business license
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Conviction of a vendor under 24.1255 shall constitute good cause for the suspension or revocation of his business license. History: 1970, PL 11-108.
A.S.C.A. § 24.1255 Violation-Penalty
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Any person who violates any provision of 24.1250 through 24.1254, and any vendor who fails to comply with such requirements as may be set forth by the Director of Agriculture, shall be sentenced as for a class B misdemeanor. History: 1970, PL 11-108, amd 1980, PL 16-90 § 13. Amen…
A.S.C.A. § 24.1256 Government sale of chemicals
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The Director of Agriculture is responsible for the purchasing, stocking, and selling of fungicide, herbicide, and insecticide distributed by the government. History: 1984, PL 18-26 § 1.