Guam Administrative Code

§ 11115. Provisions for Enforcement, Prosecution. (a) Authorization for Inspection. Any authorized officer of the Department of Agriculture may enter and inspect any place or conveyance where any eggs are produced, candled, graded, stored, packed, delivered for shipment, loaded, …

§ 11116. Inspection and Classification of Shell Eggs. (a) Designation of Inspector. The Department of Agriculture may designate any competent employee as an inspector to inspect or classify shell eggs in accordance with these Rules and Regulations. (b) Fees, Inspection and Certif…

§ 11117. Fees and Charges. (a) Fees and Inspections. Fees and charges for any grading service shall be paid by the interested party making the application for such grading service; and if so required by the inspector such fees and charges shall be paid in advance. (b) Fee Basis: …

§ 11118. Department Not Required to Inspect. Nothing in this Regulation shall be construed as requiring the Department to render the inspection service authorized hereby. ---------- COL 2026-05-15

§ 12101. Administration. The Agricultural Development Services Division of the Department of Agriculture (the “Department”) shall be the responsible body for the Administration of this program. SOURCE: Adopted and effective September 1993. Repealed and adopted by P.L. 22-064:2 (D…

§12102. Definitions. (a) Bona fide Farmer shall mean a person registered with the Department who commercially grows for profit or in-kind exchange or barter fruits, crops, ornamentals, livestock, including aquaculture and/or similar products, who furnishes financial records that …

§ 12103. Registration and Application Procedures. In order to be eligible to participate in this program, all farmers are required to register their farms with the Department. Registration and application must be filed with the Agricultural Development Services Division of the De…

§ 12104. Restictions of Payment. When the Department, upon inspection, deems that a claim is being made on neglected, abandoned or pest-infested plants, crops, ornamentals, aquaculture ponds, and livestock, it shall refuse application for payment. Denial of said claim must be mad…

§ 12105. Eligible Crops/Livestock/Ornamentals. Only crops, fruit trees, propagated ornamentals, aquacultural broodstock and livestock grown or raised for commercial or in-kind exchange or barter purposes registered with the Department are eligible for disaster compensation to reg…

§ 12106. Ineligible Crops/Livestock/Ornamentals. The following are ineligible for disaster compensation: (a) Trees grown for windbreaks; (b) Roosters, horses, dogs, rabbits or other animals used for show or recreational purposes; SOURCE: Adopted and effective September 1993. Repe…

§ 12107. Calculation of Payments. Payments are determined as follows: (a) Payments are based on current receipts furnished by the farmer to the Department for farm restoration and replacement of actual production-related expenses during the growing period to the time the disaster…

§ 12108. Other provisions. (a) Upon the occurrence of a natural disaster, the Director, who shall effectuate the administrative and operational implementation of the statute shall make an assessment within seventy-two (72) hours based on evidence as to what crops, fruit trees, pr…

§ 13100. Definitions. As used in these regulations, the following terms shall have the following meanings: (a) “Department” means the Department of Agriculture, government of Guam. (b) “Director” means the Director of Agriculture, Guam Department of Agriculture. (c) “Fee” means a…

§ 13101. Import Permit Required. No person shall import any sand, quarried or mined product without first obtaining an import permit from the Department. Failure to obtain an import permit will result in the sand, quarried, or mined product shipment being rejected and refused ent…

§ 13102. Permit and Other Fees. Fees for permits and other services will be based on the Department's approved fee schedule.

§ 13103. Certificates and Other Documents Required. Any person importing sand, quarried, or mined products into Guam shall provide to the Director or agent certificates and documents as listed in items (a), (b), (c), and (d) below, at least twenty-four (24) hours prior to the arr…

§ 13104. Treatment Required. Any sand, quarried, or mined product imported into Guam must be treated at the point of origin or loading. Treatment for disinfecting or sterilization shall be as prescribed by the Guam Environmental Protection Agency (GEPA). Treated sand, quarried, o…

§ 13105. Inspection and Testing. The Director, inspectors, or agents shall inspect all sand, quarried, or mined product shipments upon arrival on Guam. If a shipment is found to be natural or unprocessed, samples of the product shall be obtained and tested for chemical compositio…

§ 13106. Notification. Any person importing sand, quarried, or mined products shall notify the Director or agents and shall furnish to the Director or agent all the required documents in § 13103 of these regulations, including a copy of the import permit, at least twenty-four (24…

§ 13107. Clearance and Release. Upon finding that the sand, quarried or mined product is free of any pests, and all required permits and certificates have been provided, including reports, the Director or designee shall notify, in writing, the Customs and Quarantine Agency, to re…

§ 13108. Disposition of Contaminated Sand. Sand, quarried, or mined products found to be contaminated shall be rejected and refused entry into Guam. The finding of contamination shall be by the Director or agent based upon inspection and testing results. In the event that a shipm…

§ 13109. Compliance With Other Laws and Regulations. Compliance with these regulations does not remove the responsibility for compliance with any other federal or Guam law or regulation governing importation of materials into Guam; nor does it relieve the person importing the san…

§ 13110. Exception. The Director may waive treatment of sand, quarried, or mined products from any area that has been deemed pest free, based on the test results from previous shipments from that area. The Director may publish, in a newspaper of general circulation, the findings …

§ 13111. Liabilities. Except for the salary and transportation of any inspector or agent during regular working hours, the costs incurred by the Department and its agents for compliance with these regulations, or for the treatment and disposition of the regulated article, shall b…

§ 13112. Violations and Penalties. Violation of any provision of these regulations shall be punishable as prescribed in § 61110 of Title 5, Guam Code Annotated, and any other applicable provision of law. COL 012910 C H . 13 - I MPORTATION OF S AND , Q UARRIED , OR M INED P RODUCT…

§ 14101. Fee Established. The Department of Agriculture establishes a fee for the inspection, quarantine, eradication, and management of invasive species brought into Guam. The fee shall be paid by the carrier company, who shall forward the payment to the Department of Agricultur…

§ 14102. Fee Assessments. (a) The following fees shall be assessed and collected on the items described herein on a per voyage basis: (1) Seventy-five cents ($0.75) on each one thousand (1,000) pounds of bulk sand, quarried product, or cement bulk freight or part thereof; (2) Twe…

§ 14103. Failure to Pay or Remit Assessed Fee. The following fees shall be imposed for failure to pay, bill, or remit the Guam Invasive Species Inspection Fee provided for above: (a) A person responsible for paying the freight charges to the transportation company who fails to pa…

§2100. Administration. (a) The Loan Committee as created by this Executive Order shall be responsible for the approval and disbursement of all loans. (b) The Department of Agriculture, government of Guam shall be the responsible agency for the administration of the Guam Farmers' …

§2101. Rate of Interest. That the rate of interest charged for any loan to the Guam Farmers' Cooperative Association shall be at the rate of three percent (3%) per annum on the unpaid principal.

§2102. Repayment. The term of any loan shall not exceed twenty (20) years. Incremental repayments shall be set by the Loan Committee.

§2103. Disbursement of Loan. An application for loan shall be required from the Board of Directors of the Guam Farmers' Cooperative Association through a resolution based upon the needs of the Association. Said resolution shall designate the president and treasurer of the Guam Fa…

§2104. Program Plan. No loan shall be disbursed without a program plan, but limited to the following: (a) Purchase of agricultural supplies. (b) Fresh market activities. (c) Capital acquisition.

§2105. Earnings . All earnings derived from the operation of the revolving fund shall not be distributed, but returned to said fund.

§2106. Security of Loan . The Loan Committee shall require security insofar as possible for any loan granted hereunder. The Loan Committee is empowered to execute any document required for the implementation of this Section.

§2107. Loan Committee . (a) There is hereby established a Loan Committee appointed by the Governor. The Committee shall be composed of five (5) members: Director of Agriculture, Director of Bureau of Budget, Director of Finance, a member of the business community, and a district …

§3100. Purpose and Authority. Pursuant to 5 GCA §60301, as amended by P.L. 20-105, A Farmers' and Fishermen's Small Loan Revolving Fund of the Territory of Guam. In granting such loans, the Director of Agriculture is hereby authorized to promulgate all rules and regulations neces…

§3101. Classes of Loan. (1) Class A - Improvement of farm lands: (a) Improvement of farm lands; (b) Purchase, construction or improvement of essential nonresidential buildings on farm lands. (2) Class B - Farm and Fishing operating loans: 1997 - P. 2 (a) Operating loans to carry …

§3102. Eligibility Requirements. (1) A person who has experience or training in growing and harvesting of fruits, vegetables, horticultural non- edible plants, livestock, fish, aquaculture and/or similar products. (2) A citizen of the United States who has resided on Guam for at …

§3103. Restrictions and Limitations. (1) A loan must be income producing for purposes of repaying the principal amount and interest charge of the loan. 1 The original Rule contains no hint of the sort of building intended. There may be other types eligible for loans, but the Depa…

§3104. Conditions. (1) Borrower shall expend no portion of his loan for purposes other than those sanctioned by the Department of Agriculture. (2) Borrower shall carry out recommended farm management practices and fishing plans, including the keeping of proper records. (3) Borrow…

§3105. Rules and Regulations. (1) All funds granted through the Farmers' and Fishermen's Small Loan shall be disbursed for purposes only appointed by the Director of Agriculture. (2) A building plan shall be submitted for the construction of livestock, poultry [holding pens] 1 an…

§3106. Revolving Loan Fund Trustees . There is within the Government of Guam a Board of Trustees of the Revolving Loan Fund (referred to in these rules as "Board of Trustees") to consist of seven members, of which one shall be a representative of the Department appointed by the D…

§3107. Requirement of Loans. (1) For administrative purposes, loans are to be repaid, i.e., principal plus interest: up to $5,000, three years; $10,000, five years; in excess of $10,000, not more than ten years. All exceptions to this policy must be approved by the Board of Trust…

§3108. Loan Security. Any loan in excess of $5,000 shall be secured by a duly recorded first mortgage on property of equal or greater value within Guam: (1) Fee simple farmland. (2) Leasehold of farmland where the lease has an unexpired term of at least two years longer than the …

§3109. Delinquent Loans. Delinquent loans are loans where no payment has been made 30 days after its due date. When a loan becomes delinquent, the following procedures shall be taken: 1997 - P. 6 (1) The Director of Agriculture shall furnish the board of Trustees with a loan stat…

§4100. Authority . Pursuant to 5 GCA §62203, relative to the rental of farm equipment from private companies and providing a subsidy to individual persons leasing certain equipment for agricultural purposes, the following rules and regulations are hereby established for the purpo…