Chapter 4. Public Health and Sanitation

§ 420126. Administrative Penalties. (a) The Director may impose a fine payable to the “Treasurer of Guam” for any Chemical Toilet Operator that violates any provisions of these rules and regulations. The monetary fine for the Administrative violation shall be by charged to the Ch…

§ 420127. Variance. In the event that an establishment or person is unable to comply with certain requirements of these rules and regulations, upon a showing of good cause which is not the result of negligence or malfeasance, the Director may grant a variance from the requirement…

§ 420128. Effective Date. These rules and regulations shall become effective immediately upon enactment.

§ 420129. Severability. If any provision or the application of nay provision of these rules and regulations are held invalid, such invalidity shall not affect the other provisions or applications of these rules and regulations. ------- 400 ARTICLE 21 GUAM FOOD CODE SOURCE: Submit…

§ 428101. Purpose. The purpose of these rules and regulations is to protect and promote public health through the implementation of enforcement procedures for violations of guidance memoranda and directives issued by the Department of Public Health and Social Services (“DPHSS”) d…

§ 428102. Authority. Title 10 Guam Code Annotated, Chapter 19, Section 19802 authorizes DPHSS to promulgate and implement rules and regulations to implement and effectuate the provisions of the Chapter, and to enforce the provisions of the Chapter through the imposition of fines …

§ 428103. Title. These rules and regulations shall be known as the COVID-19 Public Health Enforcement Regulations.

§ 428104. Definitions. (a) Enforcing Officers shall mean any designated individual with the Department of Public Health and Social Services, and any peace officer in the Guam Police Department. (b) Business shall mean a partnership, firm, association, corporation or other legal e…

§ 428105. Authority to Issue and Enforce Guidance Memoranda and Directives to Prevent Transmission of SARS-CoV-2. (a) Pursuant to Title 10 Guam Code Annotated Chapter 19 § 19601, during a state of public health emergency, DPHSS is authorized to use every available means to preven…

§ 428106. Penalties/Fines for Violation of DPHSS Guidance Memoranda and Directives. 409 (a) Prohibited Conduct. (1) For persons, willful violation of, or failure to comply with any guidance or directive issued by DPHSS relating to the following shall constitute a civil violation:…

§ 428107. Severability. If any provision of these Regulations are held invalid, such invalidity shall not affect the remaining provisions of these Regulations. -------- 412…

§ 4301. Definitions. (a) Department means the Department of Public Health and Social Services. (b) Director means the Director of the Department of Public Health and Social Services or his designated representative. 10 (c) Animals means any member of the Order Carnivora, Marsupul…

§ 4302. Quarantine Requirements - Owners. (a) All animals entering Guam from areas which are not recognized as being rabies-free by the Director must be confined at the government of Guam Yigo Quarantine Facility before being transferred to a commercial quarantine facility. (b) P…

§ 4303. Facility Construction - Commercial Quarantine Facility. (a) All kennels and runs will be constructed of materials impervious to water and readily cleaned and disinfected. 11 (b) Each dog kennel shall be provided with an individual exercise run of at least six (6) feet in …

§ 4304. Quarantine Requirements - Commercial Quarantine Facility. (a) Animals held in commercial quarantine facility will be strictly confined to cages approved by the Director. (b) Animals will not be removed from their cages except upon authorization by the Director. (c) Cages …

§ 4305. Penalty. Any violation of any provision of this regulation will be grounds for immediate confinement of the animal(s) involved at the government of Guam Quarantine Facility and/or cancellation of the authorization of the commercial quarantine facility involved. ------- AR…

§ 4401. Short Title. These rules and regulations may also be cited as the “Health Certificate Regulations.”

§ 4402. Authority. 14 Sub section 22104, Chapter 22 of Title 10, Guam Code Annotated, authorizes the Director of the Department of Public Health and Social Services to establish, by rules and regulations, the requirements and fees for the issuance of a Health Certificate.…

§ 4403. Purpose. These rules and regulations are established to ensure that the holder of a health certificate is free of communicable diseases that could potentially spread to fellow employees or their clients as a result of the holder’s work activities and/or possesses the mini…

§ 4404. Definitions. Wherever in these rules and regulations the following words appear, they shall have the following definition: (a) Category shall mean the following types of establishments and their activities that are regulated by the Department by these rules and regulation…

§ 4405. Health Certificate Required. Unless otherwise stated within these rules and regulations, or any other rules and regulations promulgated by the Department relating to environmental health, every person employed within an eating and drinking establishment, food establishmen…

§ 4406. Exemption of Health Certificate. The selling of the following articles shall not require the obtaining of a Health Certificate: (a) fresh, unprocessed fruits, vegetables, nuts, eggs, live poultry or live pigs; (b) canned or bottled drinks, including alcoholic beverages, i…

§ 4407. Application for Health Certificate and Temporary Health Certificate. (a) Any person desiring to engage in employment requiring a Health Certificate or Temporary Health Certificate under these rules and regulations shall submit an application for a Health Certificate or Te…

§ 4408. General Requirements for Health Certificate. (a) Unless stated otherwise in these rules and regulations, all new Health Certificate applicants, including Temporary Health Certificate applicants, shall submit an application approved by the Department, pay all applicable fe…

§ 4409. Training Course and Examination Requirements for Health Certificate. (a) Unless otherwise stated in these rules or regulations or any other separate rules and regulations promulgated by the 26 Director to properly carry out Division 2 of Title 10 GCA relating to environme…

§ 4410. Specific Requirements by Category. Any person required to attend and pass a training course as indicated in this Section may be waived from such course if he or she possesses an applicable current and valid certification that is recognized by the Department that attests t…

§ 4411. Requirements for Temporary Health Certificate. (a) All persons applying for a Temporary Health Certificate to work in a carnival, fair, or other temporary food service establishment shall be required to submit to the Department a signed and completed written contract (Ann…

§ 4412. Single Health Certificate for Multiple Locations Per Category. (a) Each person may possess only one Health Certificate per category, regardless of the number of different employed locations or businesses within that same category. The Health Certificate shall state the ca…

§ 4413. Additional Health Certificate. Any person employed within an eating and drinking establishment, food establishment, hotel, institutional facility, cosmetic establishment, swimming pool, laundry and dry cleaning establishment, or tattoo shop, or any other health-regulated …

§ 4414. Interim Health Certificate. (a) After submitting the application, payment, and meeting all other requirements, an applicant who is required to attend and pass a training course shall be issued an Interim Health Certificate for employment until the applicant’s completion a…

§ 4415. Certificate of Management Certification and Health Certificate. (a) Unless otherwise stated within these rules and regulations, or any other rules and regulations promulgated by the Department relating to environmental health, every eating and drinking establishment and f…

§ 4416. Fees. A non-refundable fee shall be required of applicants at the time of application for Health Certificates. In the event of a failure to qualify for a Health Certificate, non-fulfillment, or termination of employment, the fee shall not be refunded to the applicant. (a)…

§ 4417. Effective Date of Health Certificate. (a) Unless indicated elsewhere in these rules and regulations, or any other rules and regulations promulgated by the Director 36 under Guam law relevant to environmental health, all Health Certificates shall expire one (1) year after …

§ 4418. Presentation of Health Certificate, Interim Health Certificate, Temporary Health Certificate, and Certificate of Management Certification. (a) Every person required to have a Health Certificate under

§ 4419. Suspension or Revocation of Health Certificate and Certificate of Management Certification. (a) The Director may suspend or revoke any Health Certificate, Temporary Health Certificate, or Interim Health Certificate issued under these rules and regulations, or any other 37…

§ 4420. Administrative Penalties. (a) In accordance with Title 10 GCA, Chapter 22, §22106, the Director may impose a fine for any health-regulated establishment that permits a person to perform services without having in their possession a valid Health Certificate at the time the…

§ 4421. Right to Notice, Hearing, and Administrative Process. (a) Any person who has been denied a Health Certificate, Interim Health Certificate, Temporary Health Certificate, or Certificate of Management Certification under these Rules and Regulations, or whose Health Certifica…

§ 4422. Variances. (a) The Director of the Department may grant a variance to a requirement only if doing so will not endanger the health and welfare of the public and does not contradict the spirit and intent of these rules and regulations. (b) Any variance issued by the Directo…

§ 4423. Effective Date. These rules and regulations shall be effective upon enactment. At that time, all other rules and regulations or parts of other rules and regulations that conflict with these rules and regulations are repealed. The adoption of these rules and regulations sh…

§ 4424. Severability. If any provision or application of any provision of these regulations is held invalid, that invalidity shall not affect the other provisions or applications of these rules and regulations. 41 ANNEX I I, ________________________________, a holder of “Certific…

§ 4501. Purpose. The purpose of these rules and regulations is to govern the issuance of sanitary permits and the assessment of necessary fees for the operation of health-regulated establishments. 45…

§ 4502. Authority. Section 20105 of Chapter 20 and § 21102 of Chapter 21 of Title 10, Guam Code Annotated, authorizes the Director of the Department of Public Health and Social Services to promulgate rules and regulations necessary to carry out the provisions of the law governing…

§ 4503. Title. These rules and regulations shall also be known and cited as the Sanitary Permit Rules and Regulations.

§ 4504. Definitions. As used in these rules and regulations: (a) Cosmetic Establishment shall mean any premise or portion thereof, wherein any of the following is practiced for compensation: (1) shaving, clipping, trimming, or cutting human hair; (2) singeing, shampooing, arrangi…

§ 4505. Sanitary Permit Applications for New and Renewal. (a) All applications for sanitary permits shall be in a form prescribed by the Director. (b) A non-refundable deposit of Thirty Dollars ($30.00) shall be made to the “Treasurer of Guam” at the time the application for a Sa…

§ 4506. Fees. Fees for the issuance of a Sanitary Permit shall be as follows: (a) Excluding TFSE, the Sanitary Permit fee for all health- regulated establishments shall be the following, which shall be pro-rated based on the annual renewal date of the permit: 51 (1) Three Hundred…

§ 4506.1. Notification of Fees Schedule. The Director shall ensure that notification is provided to all Sanitary Permit licensees relative to the cost for permit renewal 55 prior to the expiration of the Sanitary Permit. The notification may be in a form of a press release to the…

§ 4507. Administrative Penalty. (a) Any establishment, which had its Sanitary Permit suspended under the provision of or revoked shall be notified by the Director in writing of Title 10 GCA, Chapter 21, § 21109, is granted reinstatement by the Department as set out in Title 10 GC…

§ 4508. Suspension or Revocation of Sanitary Permit. (a) The Director may suspend or revoke any Sanitary Permit under the provisions of Title 10 GCA, Chapter 21, § 21107(2)(d) and 21109, or upon any violation by a health- regulated establishment or by any of its employees for any…

§ 4509. Hearing. (a) Any health-regulated establishment whose Sanitary Permit is to be suspended or revoked shall be notified by the Director in writing of the Department’s intention and the reasons therefore. (b) Any health-regulated establishment that receives a notice of viola…