Title 25 — Environmental Health

(a) Any equipment or mechanical device used to sell or dispense soft drinks or other beverages, or ice cream or other frozen desserts, whether by bottle or by open cup, carton, or other container or wrapper, or popcorn or other food, shall be maintained and operated in a clean an…

(a) No person may produce sell offer, or expose for sale, or have in his possession with intent to sell, any milk or milk product, including ice cream and other frozen desserts, which is adulterated or misbranded. (b) It is unlawful for any person, elsewhere than in a private hom…

(a) All bottles, cans, packages, and other containers enclosing milk or any milk product shall be plainly labeled or marked with the name of the contents, the word “reconstituted” or “recombined”, if included in the name of the product, and the word “pasteurized” only if the cont…

All dairies, milk plants, and ice cream plants from which milk or milk products are supplied in American Samoa which are hereafter constructed, reconstructed or extensively altered shall conform in their construction to regulations promulgated by the Governor. History: 1972, PL 1…

(a) All vehicles used for the transportation of milk, ice cream, and frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the sun and contamination. (b) Such vehicles shall be kept clean, and no substances capable of contamin…

The Director may condemn and forbid the sale of, or cause to be seized, removed, or destroyed, any food or drink which has passed the date of expiration appearing on the product or which is, in the Director’s opinion, old, stale, or otherwise unwholesome due to the passage of tim…

It is unlawful for any person to sell, offer, or expose for sale any food, drink or other substances that have been forbidden for sale by the Director pursuant to sections 25.0601 and 25.0607. History: 1992, PL 22-24.

The Director shall periodically inspect the sanitary conditions, including but not limited to drinking fountains and lavatory and cafeteria facilities, of all schools, public institutions, government and other public buildings, and public parks and beaches, and report thereon to …

Public drinking fountains for the dispensing of water for human consumption shall be kept clean and sanitary by the owner or person in charge thereof. For purposes of drinking fountains belonging to the government, the “owner or person in charge thereof’ shall be the director of …

(a) Overflow water from kitchens, shower heads, faucets or other sources shall not be allowed to run off on the ground in such a manner as to produce accumulation of stagnant water on the ground of either the owner’s or a neighbor’s property. (b) All water outlets, such as faucet…

No owner, lessor, or occupant of any property, land, or premises may have, keep, maintain, cause, or permit any collection of standing or flowing water in which mosquitoes are propagated, or in which mosquitoes may be propagated within the boundaries of his property or, in the ca…

In the interest of public health, spitting is prohibited. History: 1972, PL 12-44 § 5.

(a) No person owning, operating, or having charge or control of, any lodginghouse, restaurant, carnival, fair, store, theater, school nursery, hospital, clinic, club, office building, park, playground or conveyance may provide or expose for common use, or permit to be so provided…

Every sanitizing procedure used to comply with this title must be approved by the Director of Medical Services. History: 1972, PL 12-44 § 1.

The depositing of human excreta in, or within 500 yards of any village in any place other than a toilet equipped with plumbing facilities, or an approved latrine, is expressly prohibited. History: 1972, PL 12-44 § 6.

When human feces are found on land elsewhere than in an approved latrine, the head of the family residing upon or otherwise using the land shall be guilty of maintaining or permitting the same on such land. History: 1972, PL 12-44 § 6.

Each village shall provide itself with latrines in such numbers and at such places as shall be determined by the Director of Health. History: 1972, PL 12-44 § 6.

No latrine, either public or private, may be constructed without approval by the Director of Health and the Department of Public Works. Plans for proposed latrine and sewage disposal installations must be submitted in triplicate for review and approval by the Director of Health a…

(a) The Director of Health shall review, pursuant to an order of the Governor, all latrine construction plans for: (1) plumbing design and layout; (2) sewage disposal method; (3) location of the sewage disposal installation; (4) size specifications of the sewage disposal installa…

The Department of Health and the Department of Public Works shall keep on file a copy of each latrine construction plan to which they have affixed their stamp of approval. History: 1972, PL 12-44 § 6.

No construction of a latrine or sewage disposal facility may be started until the builder has in his possession on the construction site a copy of the plans bearing the stamps of approval of both the Department of Health and the Department of Public Works. The builder may not mak…

The Director of Health shall make such inspections as are necessary to insure that the installation is built in conformity to the approved plans. History: 1972, PL 12-44 § 6.

(a) No pigs, goats, sheep, horses, cattle, or other domestic animals, other than fowl, cats and licensed dogs may be allowed to run loose. All such animals must be confined by fencing, or kept properly secured by tying or staking. (b) All animals allowed to run loose or be at lar…

No owner or occupant may keep or allow to be kept upon premises owned by him or in his possession or control any pigs, goats, sheep, horses or cattle within 50 feet of any building used for human habitation or as a restaurant, food establishment, or school. History: 1972, PL 12-4…

No pigs, chickens or other animals may be kept in the space between the highway and the sea. History: 1972, PLI2-44§ 11.

No pigpens, chicken coops, or other areas or structures for confining animals may be placed directly over any stream, river, brook, pond, or other body of fresh or salt water. Pigs or other domestic animals may not be confined in the area immediately adjacent to any body of fresh…

All poultry houses, yards, coops, pigeon runs, rabbit hutches, dog kennels, pens, barns, stables, or other structures or enclosures for any fowl or animal shall be kept clean and free from any accumulation of excreta decayed food and filth of every kind. All such structures and e…

Animal carcasses and organs infected with disease transmissible or possibly transmissible to man or animals shall be destroyed and not used for animal or human consumption. No person may deposit or leave any dead animal on any land or in any stream or body of water within America…

The following licenses fees are established: (1) dog, male or female $2.00. History: 1963,PL 8-6; 1969, PL 11-49.

(a) No person may import into or possess in the Territory a live vicious animal, except for animals being exported out of the Territory within 48 hours of their arrival. (b) For the purpose of this section, a vicious animal is one which, without provocation; (1) has made an attac…

The solid waste official as appointed under 25.0101 shall designate collection areas for the placement of waste containers in all villages accessible by roads. History: 1972, PL 12-44 § 8.

The village council of all villages not accessible by roads shall, in consultation with the solid waste official, devise and carry out a plan for the collection and disposal of solid waste, approved by the Director of Health and the Director of ASEPA. History: 1972, PL 12-44 § 8;…

(a) A person shall not deposit solid waste, industrial waste or other refuse except as permitted in 25.2004. (b) A person shall not permit the accumulation of solid waste, industrial waste or other refuse on any property owned, leased, or possessed by him, nor shall he permit the…

Deposits and accumulations of solid waste, industrial waste, and other refuse are permitted only: (1) at collection areas in villages and along public rights of way designated by the solid waste official and in solid waste containers or collection bins provided there: (2) in vill…

(a) All deposits must be in waste containers or in bags or bundles which conform to specifications set by the solid waste official. (b) Such waste containers shall be available for sale or lease at a place set by the solid waste official. (c) The solid waste official shall establ…

In lieu of requiring the use of waste containers the solid waste official, with the approval of the Director of Health and the Director of ASEPA may place collection bins in collection areas, and in such instances all solid waste shall be deposited therein. History: 1972, PL 12-4…

(a) The solid waste agency shall have the responsibility for the transportation of all solid waste to a disposal site which shall be maintained and operated by the solid waste agency unless otherwise provided by the solid waste official. The solid waste agency shall formulate and…

(a) A person shall not in any way tamper with or damage any solid waste collection bin or waste container so as to interfere with its designated purpose or to detrimentally affect its appearance. (b) A person shall not remove from its place any solid waste collection bin or waste…

(a) Notwithstanding any other provision of law, every owner or operator of a commercial establishment in the Territory shall be responsible for providing and maintaining sufficient and suitable solid waste collection receptacles on his business premises. (b) It shall be the respo…

(a) When solid waste, industrial waste, or other refuse is deposited or allowed to accumulate in violation of 25.2003, or 25.2009,or where there is a violation of any provision of this title, any valid rule promulgated under this title, or any village regulation for health and sa…

(a) The form of the citation shall be approved by the Attorney General, and copies of the form shall be stocked ordered, and paid for by each agency having authority to issue citations under this chapter. (b) Citations shall be signed by the sanitarian or other authorized person …

A citation must be served by personal delivery of a copy thereof to the defendant. History: 1972, PL 12-44 § 8.

A citation may be answered in the manner provided in 25.2031 within 3 business days from the day of the service of the citation. History: 1972, PL 12-44 § 8.

If the citation is not answered by appearance, plea and waiver before the violations bureau before the close of business hours and within 7 business days from the date of the service of the summons, the defendant must appear in the District Court at the time and date indicated th…

A complaint signed and sworn to by the person who issued the citation must be filed with the clerk of the Court before any offense may be heard or plea taken in court. The complaint shall be substantially in the form prescribed for a citation by 25.2011. It may also contain other…

Defendants in a public health action may be represented by an attorney or legal practitioner. History: 1972, PL 12-44 § 8; amd 1979, PL 16-53 § 50. Amendments: 1979 Changed section from “Parties to a public health court action may make use of the services or an attorney or legal …

A warrant may be served by a police officer for the arrest of any person who fails to answer a citation. It shall be supported by a sworn complaint as set out in 25.2015. History: 1972, PL 12-44 § 8.

(a) After reading the complaint to the defendant, the court shall ask the defendant to plead. If the defendant pleads guilty, the court shall proceed with sentencing. If the defendant pleads not guilty, the person who issued the citation shall present the court with the grounds o…

Upon disposition of the case, the court shall prepare an “Abstract of Court Record for Violations Bureau” in substantially the form known as a “Public Health Complaint Abstract of Court Record” and transmit it to the violations bureau. The violations bureau shall keep records to …

(a) The District Court may, unless otherwise specifically provided, impose a fine of : NO LESS THAN NO MORE THAN first offense $50 $100 second offense $100 $200 third offense $400 $500 subsequent offenses $500 $1,000 (b) Additionally, or in lieu of fines, any person found guilty …