Title 25 — Environmental Health

The following definitions shall apply in this title: (1) “Attorney General” means the Attorney General of American Samoa or his authorized representative. (2) “Bay area” means the area between the Pacific Ocean and the crest of visible hills between Blunt’s Point and Breaker’s Po…

It shall be the duty of the Director to prepare and to enforce when directed by the Governor, regulations on the following subjects: (1) prevention and control of public health nuisances: (2) sanitary practices and quality controls for village and municipal water supplies: (3) lo…

The Director is directed and authorized to make inspections of all public and private grounds, buildings, vehicles, aircraft, ships and other places, at reasonable hours, in order to carry out the provisions of this title. He may order compliance with the provisions of this title…

The Director shall investigate any bona fide complaint relative to any alleged violation of this title and take such action as he may deem necessary. History: 1972, PL 12-44 § 1.

(a) It shall be one of the duties of the pulenuu to regularly and thoroughly inspect all portions of his village and all other areas within his jurisdiction for compliance with the applicable provisions of this title. (b) The pulenuu shall have the authority to charge any person …

(a) Whenever the giving of a written notice is required or authorized under this title, such notice unless otherwise provided, may be given by serving a copy personally upon the person to be served or by mailing a copy to his last known address. (b) Notice served by mail shall be…

Every person who maintains a public nuisance or allows one to exist upon property or premises which he owns or occupies, after 10 days notice in writing to discontinue or abate the same has been personally served upon him, is guilty of a class C misdemeanor and upon conviction, s…

In lieu of, or in addition to, the punishment authorized by this title, the Director of Health is authorized to abate and remove any public nuisance at the owner’s expense 10 days after written notice to the owner of the Director’s intention to do so if the nuisance is not abated…

If any public nuisance immediately threatens the health of any person(s), the Director may abate it either in the manner provided in 25.0107, or in the manner provided in 25.0108, giving only such notice as the time for such abatement permits. History: 1972, PL 12-44 § 1.

Any person who violates any provision of this title, any valid rule promulgated under this title, or any village regulation for health and sanitation adopted in accordance with this Code, or refuses or neglects to comply with any lawful order issued by the Director of Health, the…

The following persons shall be examined by the Director of Health every 12 months and ob-tain from him a health certificate which shall state that such person has been examined and is free from all diseases dangerous to the public health: (1) any person employed as a handler of f…

This chapter does not apply to sale by the original producer of fresh, unprocessed fruits, vegetables and nuts, eggs, live poultry or live pigs or to persons who are employed as cooks, maids or servants in private homes or dwellings, nor to persons preparing or serving food for f…

The form of the health certificate and the extent of the physical examination shall be prescribed by the director but must include the following: (1) a physical inspection for Hansen’s disease and other skin infections, particularly scabies, head lice, impetigo fungus infections,…

(a) No owner, employer, manager, or person in charge or control may permit any person to work in a restaurant or food establishment knowing, or having reasonable grounds to know, that such person has a disease in communicable form, or is a carrier of such disease; and no person s…

A placard containing this section and 25.0303 and 25.0304 shall be posted in all toilet rooms used by employees in restaurants and food establishments. History: 1972, PL 12-44 § 3.

Every owner, manager, or person in charge or control of any establishment, as well as each employee, is under a duty to see that each employee has a valid health certificate. History: 1972 PL 12-44 § 3.

Each food handler shall carry his health certificate on his person at all times when performing his duties or functions at his place of employment or business. History: 1972 PL 12-44 § 3.

Any person required to have a health certificate, who either does not have a valid certificate or is unable to exhibit one to an authorized inspector, may be suspended from all duties at his place of employment until such time as he obtains a valid certificate or can exhibit a va…

(a) The Department of Health may not charge any fee for examinations and tests, or the issuance of health certificates. In the case of any employee who handles food in a private home where a health certificate is required or requested by the householder, no fee may be charged for…

The staff of the Department of Health, both professional and administrative, may not release results of medical findings to the employer, or to any person except the person examined, without written authorization for the release signed by such person. The employer, without such w…

(a) The Director may by regulation approved by the Governor, declare any disease to be a communicable disease. (b) Human Immunodeficiency Virus Seropositivity (HIV) and Acquired Immune Deficiency Syndrome (AIDS) are communicable diseases. History: 1972, PL 12-44 § 4; amd 1991, PL…

Any physician, dentist, medical or dental officer, or nurse of the Department of Health who has knowledge or suspected knowledge of the presence of any communicable disease or any other disease dangerous to the public health shall report the same to the Director within 48 hours a…

Any owner, keeper or other person in charge of the operation of a hotel, boardinghouse, lodginghouse or dormitory shall immediately report to the Director the presence therein of any person he has reason to believe to be sick from or to have died from any contagious, infectious, …

Any master of a vessel or captain of an aircraft shall immediately report to the Director the presence aboard such vessel or aircraft of any person he has reason to believe to be sick from, or to have died from, any contagious infectious communicable, or other disease dangerous t…

(a) Any person having any communicable disease, or any other disease dangerous to the public health, including venereal disease, shall report such condition to any medical services officer or physician licensed to practice medicine in American Samoa. No parent, guardian, or other…

(a) When a complaint is made or reasonable belief exists that a communicable disease or other disease dangerous to public health prevails in any house or elsewhere and has not been reported, the Director of Health shall make an inspection for the purpose of discovering whether an…

No person having a communicable disease or other disease dangerous to the public health, or being in charge of any person afflicted with such a disease, may willfully expose himself or such person in any public place, street or highway, except as may be authorized by the Director…

Isolation and quarantine shall be imposed in accordance with regulations of the Governor. Such regulations shall designate the diseases for which isolation or quarantine or both are necessary and such other requirements concerning diagnosis, treatment, release, and other pertinen…

Where any person suffering from a communicable disease is required to remain isolated or quarantined or to do or refrain from doing any act or thing whereby the spread of the disease may be enhanced, and such person, because of tender age or physical or mental disability, is unab…

(a) When a person has been isolated or quarantined and is restricted thereby to his residence or other building, the Director may place in a conspicuous position on the exterior of the premises where such person is isolated or quarantined a placard having printed on it, in large …

The Director may if he deems it advisable, order the premises and contents thereof in which any person has been ill or has died of a communicable disease, or any other room building, premises or area, and any contents thereof which may be infective by contact with any communicabl…

(a) The Director may destroy any infected clothing, bedding, or other articles which cannot be made safe by disinfection. He shall furnish to the owner thereof a receipt showing the number, character, condition and estimated value of the articles so destroyed. A copy of such rece…

During an epidemic or threatening epidemic, or when a dangerous communicable disease is unusually prevalent, the Director may close any public or private school and prohibit any public or private gathering for such time as may be necessary in the interests of the public health. H…

Any physician midwife, or other person in attendance at childbirth shall instill a one-percent solution of silver nitrate into the eyes of every child immediately after birth. Solutions other than one-percent silver nitrate may be used only on approval of the Director and subject…

The Director, in his discretion, may require that the body of a person who has died of a communicable disease or any other disease dangerous to the public health be buried or cremated immediately or within such period of time in conformity with such procedure, as he may designate…

The Director may perform any autopsy whenever approved by the family of the deceased or order of the High Court. History: 1972, PL 12-44 § 4.

No person testing HIV positive may be denied any governmental services, public or private employment, school attendance, housing, insurance, health or dental care or any other basic human rights based upon their seropositivity. History: 1991, PL 22-5.

Records containing the identity of individuals pursuant to this chapter may under no circumstances be disclosed or transferred to any unauthorized person or public or private agency. Employees of the American Samoa Government who violate this section shall be subject to disciplin…

(a) It is unlawful to operate, or open for business, without a valid health permit issued by the Director of Health: (1) any establishment defined as a restaurant; (2) any place defined as a food establishment; (3) any activity involving the sale of food or drink, such as caterin…

No person may sell, or offer or display for sale any unprocessed fish or meat or parts of fish or meat other than in a food establishment or restaurant that has a valid health permit. History: 1972, PL 12-44 § 2.

This chapter does not apply to the operation of any establishment, including any market, wayside stand or roadside stand, used exclusively for the sale of any of the following items by the original producer thereof: (1) fresh, unprocessed fruits, vegetables and nuts; (2) eggs: (3…

The form of the permit must be prescribed by the Director. It shall be valid for one year from the day of issuance. No fee or charge may be made for issuing a permit. History: 1972, PL 12-44 § 2.

Each health permit issued pursuant to this title must be displayed in a conspicuous place. History: 1972, PL 12-44 § 2.

At least 3 days before any person shall commence to operate or open for business any establishment or activity mentioned in this chapter, he shall notify the Director in writing of his intent so that the premises may be inspected. History: 1972, PL 12-44 § 2.

As often as he deems necessary, the Director shall inspect every establishment or activity subject to this chapter. History: 1972, PL 12-44 § 2.

(a) One copy of the inspection report shall be posted by the Director in a conspicuous place on the premises designated by him. The original report shall be retained by the Director. (b) No person other than the Director may remove, deface, destroy or conceal such report. History…

(a) A permit may be suspended or revoked by the Director of Medical Services upon the violation by the holder, or by a person in his employ or under his supervision or control, of any of the provisions of this title. (b) A suspension as a penalty for repeated violations may not e…

(a) Upon the suspension or revocation of a health permit, any alcoholic beverage license or business license previously issued to the permit holder with respect to the same premises must be automatically suspended, and it is unlawful to operate under such alcoholic beverage or bu…

It is unlawful to transfer a permit to another person, or to post it on, or use it in any way in connection with, any other premises than that for which it is issued. History: 1972, PL 12-44 § 2.

(a) Samples of food, drink and other substances may be taken and examined by the director as often an may be necessary for the detection of unwholesomeness or adulteration. (b) The Director may condemn and forbid the sale of, or cause to be seized, removed or destroyed, any food …