Title 13 — Health and Economic Welfare Services

Beginning on January 1, 1995, it shall be unlawful for any person to sell or distribute cigarettes or other tobacco products unless that person holds and maintains a valid license issued by the Director of Human and Social Services. The Director shall issue a license to all eligi…

A person holding a license issued under this chapter shall: (a) Prominently display the license, or a copy, at each outlet for which a license is issued; and (b) Prominently display a sign at each outlet that contains the following language in red lettering at least one-half inch…

It is unlawful to sell or distribute cigarettes or tobacco products in any form other than the manufacturer’s package. History: 1994, PL 23-17.

The annual license fee is $25.00. Renewal of a license shall be made before January 1 of each year. A person violates the provisions of this chapter if he sells or distributes tobacco products after January 1 of each year without obtaining a valid license or renewal thereof. Hist…

A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location. History: 1994, PL 23-17.

After December 31, 1994, cigarette vending machines or any other device for the sale or distribution of tobacco products are prohibited. Importation and possession of tobacco vending machines are prohibited. History: 1994, PL 23-17.

No person shall knowingly distribute or furnish without charge, or cause to be furnished or distributed without charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public. History: 1994…

It shall be the duty of the Director to implement the purposes of this chapter and to administer and enforced the law. The Director shall: (1) issue licenses for the sale of tobacco products; (2) provide signs to parties licensed to sell tobacco products concerning the prohibitio…

The Board shall suspend, revoke or not renew a license for a particular outlet after notice and opportunity to be heard is given. (a) In the case of a first violation, the license shall be suspended for a period of not less than 14 days and not more than 30 days. (b) In the case …

(a) In addition to the provisions of section 13.1112 above, any person that violates any provision of this chapter shall be subject to the following civil penalties. (1) Not less than $1,000.00 for the first violation. (2) Not less than $2,000.00 for the second violation. (3) Not…

There shall be a Tobacco Hearing Board consisting of three members appointed by the Governor to serve for four year terms. The Board shall select its chairperson. The functions of the Tobacco Hearing Board shall be as follows: (a) to hear and determine cases pursuant to violation…

If any provision, clause, sentence, or paragraph of this act or the application thereof to any person or circumstances shall be held to be invalid, such invalidity shall not affect the provisions of this act which can be given effect without the invalid provision or application, …

(a) The Territory of American Samoa adopts the United States Cigarette Labeling and Advertising Act. (b) It shall be unlawful for a person to sell or distribute in the Territory or to acquire, hold, own, possess, or transport for sale or distribution in the Territory, or to impor…

(1) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under commo…

Any tobacco product manufacturer selling cigarettes to consumers within the Territory of American Samoa (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following: (a) becom…

This Act shall be known as the “American Samoa Smoke Free Environment Act.” History: 2010, PL 31-24

For purposes of this Act and chapter, the following terms shall have the meanings stated below: (1) “Smoking” means the activity of inhaling and exhaling smoke from tobacco and other substances that are lit in cigars, cigarettes, and pipes, and to possess or transport cigars, cig…

Smoking shall be prohibited in all enclosed areas of public places within the territory of American Samoa. History: 2010, PL 31-24

(a) Smoking shall be prohibited in all enclosed areas within places of employment as defined in 13.1302(4). (b) This prohibition on smoking shall be communicated to all existing government employees by the effective date of this Act and to all its prospective employees upon their…

Owners, or in the case of a leased or rented space the lessee or other person or manager in charge of the premises regulated under this chapter shall make every reasonable effort to prohibit smoking in public places by posting signs prohibiting or permitting smoking as appropriat…

(a) A person who smokes in an area where smoking is prohibited by the provisions of the Act shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50). (b) A person who owns, manages, operates, or otherwise controls a public place or place of employm…

The Department of Health shall function as the lead agency for implementation, management, and enforcement of the Act, to include the following: (1) The Director of the Department of Health shall adopt regulations in accordance with 4.1001, et seq., the Administrative Procedures …

(a) A person or business which operates or controls a public place facility that does not comply with this Act or that exhibits a pattern of non-compliance with this Act is subject to administrative action. For purposes of this section and chapter, a “pattern of non-compliance” i…

No provision of this Act shall restrict, impair, limit or affect the enforcement of other applicable statutory provisions, nor shall it be interpreted to permit smoking in an area in which smoking is prohibited by other applicable law or regulation. History: 2010, PL 31-24

The diagnosis, treatment, and care of persons suffering from mental illness or deficiency shall be carried out in a manner and in places designated by the Director of Health or his designee. When commitment for mental illness or deficiency is indicated, person may be committed un…

The trial division of the High Court may, after a hearing, involuntarily commit a mentally ill or deficient person within its jurisdiction to designated places for the care and treatment of those persons in the Territory. That person may thereafter be restrained to the extent nec…

A commitment hearing shall be held, and shall require the testimony in open court of the following: (1) the person or persons completing the certificate of need for emergency commitment; (2) the physicians who completed the first and second certificates of medical need for commit…

(a) Mental illness or deficiency are not of themselves sufficient cause for involuntary confinement under this chapter. Only the following are specific causes for commitment: (1) danger to others; (2) danger to self; and (3) inability to care for self to such a degree as to make …

(a) At all stages of the commitment process, commencing with the second certificate of medical need for commitment and until ultimate release from commitment, the person about whom the court is considering commitment shall be represented by legal counsel, either of his own choosi…

Persons committed under this chapter may be transferred to institutions outside of the Territory considered suitable for their care by order of the Director. If a transfer is effectuated, the provisions of 13.1507 shall be suspended and review of necessity for commitment shall be…

At 9-month intervals following the date of original commitment, review hearings shall be had before the trial division of the High Court. No more than 10 days prior to all hearings the person committed shall be independently examined by at least 2 physicians or medical practition…

The physician in charge of places designated for the treatment of mentally ill or deficient persons may be any time and without the necessity of a review hearing release the person with termination of commitment when in his judgment the specific cause for commitment no longer exi…

Persons who have been committed under this chapter who are absent on leave or escape from the place to which they have been committed, may upon direction of the person in charge of that place of commitment be returned by policemen, or officials or employees of that place of commi…

A presumption of legal incompetency shall exist with respect to any person committed under this chapter. The fact of the commitment shall not otherwise itself modify or vary any civil right of the person committed. History: 1980, PL 16-73 § 10

This Act may be cited as the American Samoa Statistical Act of 2003. History: 2004, PL 28-26.

This Act is enacted to (1) mandate the collection, tabulation, compilation, publication, and reporting of official statistics; and (2) ensure the accuracy of statistics and efficiency of the statistical system by a comprehensive coordination of statistical activities and realignm…

(a) There is created, within the Department of Commerce, a Statistics Division to be headed by a Chief of Statistics. (b) The Statistics Division is authorized to collect, tabulate, compile, analyze, publish and report all official statistics covering social, economic and demogra…

(a) The Statistics Division is empowered to: (1) collect and provide information required by the American Samoa Government and its subdivisions for policy making and program planning and implementation; and (2) effectively coordinate all phases of statistical activities in Americ…

(a) The Statistics Division shall consist of at least the following four units: (1) Statistical Planning and Coordination; (2) Population and Social Statistics; (3) Economic Statistics; and (4) Statistical Data and Information Management. The duties and responsibilities of each u…

(a) The Statistics Division shall be the agency responsible to plan, design and undertake the Decennial Censuses of Population and Housing in collaboration with the U.S. Bureau of the Census, or the federal agency charged with such responsibilities. In addition to the Decennial C…

(a) Every employee of the Statistics Division shall take and subscribe to a statutory declaration t the effect that he or she will faithfully and honestly fulfill his duties as an employee of the Statistics Division in conformity with the requirement of this Act, and will not dis…

(a) There shall be Statistical Advisory Council established as a consultative body to the Statistics Division on matters of statistical activities. The Council shall also recommend policies, programs and procedures for statistical activities. (b) The functions of the council shal…

There is authorized to be appropriated in accordance with budget procedure laws and regulations, out of the Treasury of American Samoa, such sums as may be necessary to carry out the provisions of this Act. History: 2004, PL 28-26.

The Chief of Statistics, with the approval of the Director of the Department of Commerce, and subject to budgetary appropriation and procurement rules and procedures, shall have authority to contract with educational and other research organizations for the preparation of reports…

(a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Director of the Department of Commerce, the Chief of Statistics, or any other authorized employee or agent of the Statistics Division, to answer, to the best of his knowledge, any …

(a) No civil or criminal penalties pursuant to the foregoing provisions shall attach, unless the Director of the Department of Commerce has reviewed the facts surrounding the possible infraction, and has assessed an administrative remedy, in accordance with the Administrative Pro…