Guam Administrative Code

§ 420115. Pumping and Cleaning Operations. (a) Pumping and cleaning operations shall be conducted in a manner that will not endanger human health or the environment and at a frequency of at least one time every seven (7) calendar days for route units. Any spillage of sewage must …

§ 420116. Inspection and Grading. (a) Access. (1) An employee or representative of the Department shall, after proper presentation of credentials, have access to any chemical toilet establishment, toilet room or stool, chemical toilet, route unit, or sewage pumper truck at any re…

§ 420117. Hearing. If any provision or the application of any provision of these regulations is held invalid, that invalidity shall not affect other provisions or applications of these rules and regulations. (a) Any establishment whose Chemical Toilet Permit is to be suspended or…

§ 420118. Suspension or Revocation of Chemical Toilet Permit. (a) The Director may suspend or revoke any Chemical toilet Permit issued under the provisions of Title 10 GCA, Chapter 39 § 29108, or any rules and regulations promulgated concerning Chemical Toilet Permits. (b) Suspen…

§ 420119. Suspension without Hearing. (a) A Chemical Toilet Permit may be suspended without prior hearing: (1) If the permit holder denies the Director access to areas and equipment governed by these rules and regulations. (2) When the demerit score of the chemical toilet establi…

§ 420120. Reinstatement of Chemical Toilet Permit. When the holder of a Chemical Toilet Permit believes that corrections have been made of the cited violation(s) upon his premises or some other violation for which his permit has been suspended, he may make application to the Dire…

§ 420121. Revoked Chemical Toilet Permit May Not Be Reinstated. When a Chemical Toilet Permit has been revoked, it no longer has any validity and may not be reinstated except upon order of a court.

§ 420122. New Chemical Toilet Permit Barred for One Year No person whose permit has been revoked shall be eligible to obtain a new permit for a period of one year.

§ 420123. Ceasing of Operations. The Director shall order a chemical toilet establishment, toilet room or stool, chemical toilet, route unit, or sewage pumper truck to immediately cease operations whenever he finds that the operation jeopardizes the health and safety of the peopl…

§ 420124. Closing and Notification to Chief of Police. (a) The Director shall enforce the closing of any establishment or activity whose permit has been suspended or revoked. Upon he request of the Director, the Chief of Police shall provide police personnel to enforce such closi…

§ 420125. Closure to Be Posted. Whenever any establishment requiring a permit is closed by the Director, the Director shall post a notice, easily visible to the public, stating that said establishment is closed by order of the Director.…

§ 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…