Title 27 — Commerce and Trade

The conduct of business authorized under this chapter by beer vendors, beer tavern licensees, alcoholic beverage vendors and alcoholic beverage licensees shall be subject to the following restrictions: (a) No licensee may sell any alcoholic beverage to: (1) any person under the a…

(a) It is unlawful to consume beer or an alcoholic beverage, or to be in possession of an unsealed container containing beer or an alcoholic beverage, in any of the following places in American Samoa: (1) public roads; (2) moving vehicles; (3) on or within fifty (50) feet of the …

In addition to the penalties prescribed in 27.0532, any licensee who is found in violation of the terms of his license shall have his license suspended for 30 days for a first offense, and 60 days for a second offense. His license shall be revoked on conviction of a third violati…

Any person who violates any provision of this chapter, for the violation of which another penalty is not specified, or who violates any lawful order of the Alcoholic Beverage Control Board, shall be sentenced as for a class B misdemeanor. History: 1963, PL 8-7, 1968, PL 10-43; am…

As used in this chapter: (a) “Correct” as used in connection with weights and measures means conformance to all applicable requirements of this chapter. (b) “Director” means the Director of the Consumer Protection Bureau or his designated representative. (c) “Package” means any c…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems must be used for all commercial purposes in the Territory. The definitions of basic units of weig…

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Bureau of Standards, shall be the Territory primary standards of weights and measures, and shall be maintained in…

The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices as adopted by the National Bureau of Standards Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices”,…

The Director may: (1) maintain traceability of the Territory standards to the National Bureau of Standards; (2) enforce the provisions of this chapter; (3) issue reasonable regulations for the enforcement of this chapter, which regulations shall have the force and effect of law; …

(a) When necessary for the enforcement of this chapter or regulations promulgated pursuant thereto, the Director may: (1) enter any commercial premises during normal business hours, except that in the event the premises are not open to the public, he shall first present his crede…

No person may sell, offer, or expose for sale less than the quantity he represents, or take any more than the quantity he represents when, as buyer, he furnished the weight or measure by means of which the quantity is determined. History: 1973, PL 13-16 § 1.

No person may misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. History: 1973, PL 13-16 § 1.

Except as otherwise provided by the Director, commodities in liquid form must be sold by liquid measure or by weight, and commodities not in liquid form may be sold only by weight, or by measure, or by count, so long as the method of sale provides accurate quantity information. H…

Whenever the quantity is determined by the seller, bulk sales in excess of $20 and all bulk deliveries of fuel shall be accompanied by a delivery ticket containing the following information: (1) the name and address of the vendor and purchaser; (2) the date delivered; (3) the qua…

Except as otherwise provided in this chapter or by regulations promulgated pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale must bear on the outside of the package a definite, plain and conspicuous declaration in English or Samoan of: (1) …

In addition to the declarations required by 27.0611, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package must bear on the outside of the package a plain and conspicuous declaration of the price per sing…

Whenever a packaged commodity is advertised in any manner with the retail price stated, there must be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Where a dual declaration is req…

(a) No person may: (1) use or have in possession for use in commerce any incorrect weight or measure; (2) remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority; (3) hinder or obstruct any weights and measures off…

Whenever there exists a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebut-table presumption that such weight or measure or weighing or measuring device is regularly used …

The Director may apply to the High Court of American Samoa for a temporary or permanent injunction restraining any person from violating any provision of this chapter. History: 1973, PL 13-16 § 1.

(a) Notwithstanding any other provision of law to the contrary, with respect to any goods or services which are the subject of or are intended to become the subject of a consumer transaction, and which are purchased primarily for personal, family, or household use and not for com…

A merchant may recover from the manufacturer any damages resulting from a breach of the implied warranties of merchantability or fitness for a particular purpose. History: 1985, PL 19-9 § 1.

(a) Automobile dealers and retailers of major appliances worth over $150 at the time of sale must inform the consumer purchaser at the time of sale whether any warranties apply to the automobile or major appliance. If any warranty applies to such automobile or major appliance, th…

(a) No automobile dealer or retailer of major appliances covered under this chapter may refuse to accept the return of either defective goods or specially ordered goods which do not conform to the special order when such goods are covered by any warranty. An automobile dealer or …

(a) Retail home entertainment dealers shall maintain an adequate service department to ser-vice the products they sell as well as an adequate supply of parts. (b) For purposes of this section, “retail home entertainment dealer” means a person, firm, corporation, or copartnership …

It is the public policy of this Territory to protect its citizens from price gouging during states of disaster. The Territory also realizes the complexity in regulating prices while not defeating the ability of the market in goods and services from bringing supply back in balance…

(a) “State of emergency” means a natural or manmade disaster or emergency resulting from an earthquake, hurricane, flood, riot, fire, storm, tsunami, or civil disturbance as declared by the President of the United States or the Governor of American Samoa. (b) “Consumer food item”…

(a) Upon a declaration of a state of emergency, and for a period of thirty (30) days following that declaration, it is unlawful for any person, contractor, business, or other entity to sell, rent or offer to sell or rent any consumer food items or goods, emergency supplies, medic…

(a) In addition to all other remedies provided by the American Samoa Code Annotated, the Court shall impose a civil penalty of not more than $1,000 per violation with an aggregate total not to exceed $25,000 for any 24-hour period against any person, contractor, business or other…

Any violation of this chapter may be enforced by the Office of the Attorney General. History: 2006, PL 29-22.

As used in this chapter, unless the context clearly requires otherwise: (a) “Agent” means the duly authorized representative of the owners of a vessel, aircraft or merchandise. (b) “Aircraft” means every description of craft or other contrivance used or capable of being used as a…

(a) The Treasurer is responsible for establishing controls and maintaining security over merchandise warehouses at ports and airports. (b) Except as provided in subsection (a), the Port Director is responsible for maintaining security for entry to, exit from and within, ports and…

(a) All persons entering or leaving American Samoa may be searched by a customs officer. All merchandise and baggage imported or brought into American Samoa from any foreign country shall be unladed in the presence of, and inspected by, a customs officer, and that officer may req…

Only individuals directly associated with the enforcement of the laws of the Territory, applicable laws of the U.S. Federal Government, which are administered at the ports of entry in the Territory, individuals who provide maintenance and service to a carrier, and arriving passen…

(a) All passengers and crew members regardless of citizenship must make a customs entry and declaration upon arrival in American Samoa. All articles and merchandise acquired abroad and their value (price actually paid for, or, if not purchased, fair retail value in the Territory)…

(a) The master of any vessel may not allow to be landed, land, or receive passengers, baggage, goods, or merchandise without a certificate from the Treasurer, enumerating the persons or articles to be landed or received and indicating the place for landing and receiving. (b) The …

(a) A vessel entering or leaving American Samoa must produce on demand of the Treasurer: (1) clearance from last port; (2) registry certificate’ (3) manifest, freight list, bills of lading, and other accounts of merchandise; (4) bills of health; (5) list of passengers; (6) list o…

The following vessels and aircraft shall be exempt from 27.1006 and 27.1007: (1) vessels or aircraft of war; (2) public vessels or aircraft; (3) vessels or aircraft not permitted by the laws of the nation to which they belong to transport passengers or merchandise for hire; (4) v…

Any customs officer may at any time go on board any vessel at any place in American Samoa or within the customs water and examine the manifest and other documents and papers, and examine, inspect, and search the vessel and every part thereof and any person, trunk, package, or car…

Any master of a vessel being examined who presents any forged, altered, or false documents or paper knowing the same to be forged, altered, or false and without revealing such fact shall, in addition to any forfeiture to which the vessel may be subject, be liable to both criminal…

(a) Any merchandise or goods of any and all description, for commercial or personal use, entering the Territory in crates, bundles, or any types of containers, may be sealed or ordered sealed by a customs officer pending inspection of the contents. (b) Any owner, authorized repre…

If upon examination of any vessel it appears that a breach of the laws of American Samoa is being or has been committed so as to render the vessel, or the merchandise, or any part thereof, on board of, or brought into American Samoa by such vessel, liable to forfeiture, or to sec…

A permit to land and reload cargo may be granted to vessels in distress when such action is necessary. Landing and reloading shall be under the supervision of the port Director and shall be subject to a reasonable charge for handling and storage. History: 1963, PL 8-1; 2008, PL 3…

All imports destined for American Samoa shall be landed and removed by the carrier to a warehouse or other suitable place which the Port Director shall provide, shall be taken into custody there by the Treasurer, and shall be released only on the Treasurer’s order. History: 1963,…

(a) A vessel may transfer, free of duty, to another vessel of the same line, bunker fuels, sea stores, ships stores or equipment, under the supervision of the Port Director. (b) Other transfers may be authorized by the Treasurer, subject to the payment of all charges due. History…

All merchandise imported into American Samoa shall for the purposes of this chapter be deemed to belong to the consignee or to the holder of a bill of lading endorsed by the consignee. History: 1963, PL 8-1; 2008, PL 30-36. .

The receiver of any goods imported into American Samoa shall within 72 hours after arrival give the Treasurer a list of the goods, verified under oath, showing kind, quality, purchase price and charges incident to purchase and transportation. The Treasurer may waive the list when…

(a) Charges shall be collected for services of customs officers from the owner, master or agency of a vessel as follows: (1) attendance of customs officers at any place other than port of entry, per day, $30.00; (2) attendance of customs officers outside of regular business hours…

(a) Except as otherwise provided in this section, no imports may be released from the custody of the Treasurer until all excise taxes and charges that may become due before delivery have been paid to the Treasurer, and the agent of the vessel has authorized delivery. (b) Bulk pet…

(a) Passenger or crew member’s baggage not claimed at the customs inspection area shall be retained by the carrier and placed in a safe place within the inspection area at the airport. Unclaimed baggage which is required to be stored in another location due to inadequate storage …