Guam Administrative Code

§ 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. 4 COL 012910 ---------- 5 COL 012910…

§ 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 c…

§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. 1 (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. 1997 - P. 2 (2) All applications for a loan must be reviewed by the Chief of Agricultural Development Services, Department of Ag…

§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 and…

§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 Di…

§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. 5 (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 purpos…

§4101. Administration. The Division of Agricultural Development Services of the Department of Agriculture shall be the responsible body for the administration of heavy equipment rental from private companies for agricultural purposes. The administration of the heavy equipment ren…

§4102. Definitions. (a) Department shall mean the Department of Agriculture. (b) Director shall mean the Director of Agriculture. (c) Lessee shall mean any individual persons leasing certain heavy equipment for agricultural purposes under the provisions of 5 GCA Chapter 62, Artic…

§4103. License Application. Any person(s) or business(s) who wish to provide equipment services shall file an application with the Department in accordance with the procedure and form prescribed by the Department. The application shall contain: (a) The name, residence and mailing…

§4104. Application to Lease Equipment. Any person or persons who wish or any person who wish to lease equipment must file an application with the Department of Agriculture. All sites authorized to be serviced will be inspected by the Department before and after the services are c…

§4105. Equipment Rental. The subsidy shall not exceed 50% of the cost of equipment rental services. Minimum hourly usage for the various kinds of equipment are listed below. Travel time is included in computing minimum charges of equipment rental. The maximum charge refers to the…

§4106. Payment of Service Rendered. The Department of Agriculture is only responsible for payment to private companies based on the subsidy rate of 50% of the cost of the equipment services rendered; provided that the rate charged does not exceed $95.00 for bulldozer, $50.00 for …

§4107. Limitation. The continuation of this heavy equipment rental program depends on the availability of funds. The department in allocating funds for the program may prioritize the type of equipment to be leased for agricultural purposes.

§4108. Liability of the Department. It is understood and agreed that all employees of the Department of Agriculture are agents and representatives of the Government of Guam and shall not be personally held liable for the exercise of any power or authority under these rules and re…

§ 5101. Administration. The Agricultural Development Services Division of the Department of Agriculture shall be the responsible body for the administration of this program.

§ 5102. Definitions. (a) “Eligible bona fide farmer” shall mean a person registered with the Department of Agriculture who commercially grows for profit fruits, crops, herbs, ornamentals, nonedible horticulture, livestock, including aquaculture, mariculture, and/or similar produc…

§ 5103. Registration and Application. In order to be eligible to participate in this program, farmers are required to register their farms with the Department of Agriculture. Registration applications must be filed with the Agricultural Development Services Division of the Depart…

§ 5104. Purchase of Equipment. (a) Each eligible bona fide farmer is entitled to issue one (1) order through the General Services Agency upon, or within fourteen (14) days after, the successful completion of the processing of a registration application. Each order shall be limite…

§ 1100. Definition of Terms. (a) Definitions. Whenever in these Regulations the following words, names or terms are used, they shall be construed, respectively to mean: (1) Animals: Wild animals, domestic animals, poultry and other birds and hatching eggs. (2) Agricultural Resear…