Guam Administrative Code

§ 41404. Sanitary Permit. (a) It shall be unlawful for any person to feed edible garbage, other than edible garbage obtained from his/her own household, to livestock, or to operate an edible garbage feeding establishment which has not been approved by the Director, unless a valid…

§ 41405. Construction Permit. (a) No person shall construct a facility, reconstruct or convert an existing facility for use as an edible garbage feeding establishment without first obtaining a construction permit from the Department. (b) To apply for a construction permit the app…

§ 41406. Compliance. (a) Any person not complying with these Rules and Regulations after being duly instructed and issued a written notice within a reasonable time, shall be denied to continue all 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EAL…

§ 41407. Prohibited Acts . (a) The use of garbage from a hospital, nursing home or convalescent home for animal feed is prohibited. (b) The collection for use of edible garbage as animal feed by any person who has not obtained a valid sanitary permit is prohibited. (c) The slaugh…

§ 41408. Location of Edible Garbage Feeding Establishments. Edible garbage feeding establishments shall be located only in designated agricultural zones and any facility connected with the operation shall not be less than twenty (20) feet away form the property boundaries, not wi…

§ 41409. Record Keeping, Registration and Distribution of Edible Garbage by Garbage Collection Sites . (a) All edible garbage collection sites shall register with the Division when engaging in any manner with any person collecting edible garbage. All site shall maintain a record …

§ 41410. Sanitary Control and Facilities. (a) Appropriate enclosure or confinement shall be provided and shall be in good repair at all times so that animals are not capable of running loose. Loose animals are governed under 10 GCA Chapter 35 and its regulations. (b) Edible garba…

§ 41411. Cooking or Treatment of Edible Garbage. (a) Only approved potable water shall be used for cooking or processing of edible garbage for livestock. (b) Garbage cooking equipment and facilities shall be adequate for the type, size and location of the garbage feeding operatio…

§ 41412. Feeding Facilities . (a) All feeding areas shall be surfaced with concrete or other approved materials impervious to liquids and shall be free of cracks and crevices. Feeding areas shall be constructed in such a manner that flood cleaning can easily be performed, and all…

§ 41413. Severability. If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of these regulations.

§ 41414. Repealer . All regulations or parts of regulations in conflict with these regulations are hereby repealed.

§ 41415. Supplemental . The following are applicable requirements which were not entirely included herein. Therefore pertinent references are included herein which shall also be enforceable under these Rules and Regulations. Guam Code Annotated Title 10 Chapter 20 General Provisi…

§ 41501. General Provisions . (a) Purpose. These regulations shall be liberally construed and applied to promote their underlying purpose of protecting the public health. (b) Definitions. For the purpose of these regulations: (1) Corrosion-Resistant Materials means those material…

§ 41502. Food (a) Food Supplies. (1) General. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human or animal consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. T…

§ 41503. Personnel . (a) Employee Health (1) General. No person shall work in a retail food store if: (A) they are infected with a disease in a communicable form that can be transmitted by foods; or 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H E…

§ 41504. Equipment and Utensils . (a) Materials. (1) General. Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials, using safe methods; and shall be corrosion resistant and shall be nonabsorbent; and shall be smooth…

§ 41505. Cleaning, Sanitizing and Storage of Equipment and 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 269 Utensils. (a) Equipment and Utensil Cleaning and Sanitization. (1) Clea…

§ 41506. Sanitary Facilities and Controls. (a) Water Supply. (1) General. Enough potable water for the needs of the retail food store shall be provided from a source constructed, maintained, and operated according to law. (2) Transportation. All potable water not provided directl…

§ 41507. Construction and Maintenance of Physical Facilities. (a) Floors. (1) Floor Construction. (A) Except as specified in paragraph (2) below, floors and floor coverings of all food preparation, food storage and warewashing areas, and the floors of all walk-in refrigerators, d…

§ 41508. Compliance Procedures. (a) Sanitary Permits and Health Certificates. (1) General. No person shall operate a retail food store who does not have a valid sanitary permit issued to him or her by the Division. Only a person who complies with the requirements of these regulat…

§ 41601. Purpose. (a) The purpose of these rules is to regulate the lawful manufacture, distribution, and dispensing of controlled substances through registration and control to prevent the diversion of legitimately produced controlled substances into illegitimate channels. (b) T…

§ 41602. Authority. Section 67.301 of P.L. 24-149, an Act to Repeal and Reenact Chapter 67 of Title 9, Guam Code Annotated, authorizes the Director to promulgate rules providing for the registration and control of the manufacture, distribution, and dispensing of controlled substa…

§ 41603. Title. The rules and regulations shall be known and cited as the Rules Governing the Manufacture, Distribution, and Dispensing of Controlled Substances or the Rules for Pharmaceutical Controlled Substances.

§41604. Definitions . As used in these rules: (a) ‘Act’ shall mean P.L. 24-149, an Act to Repeal and Reenact Chapter 67, Title 9, Guam Code Annotated, which is also known as the Uniform Controlled Substances Act. (b) ‘Cannabis’ or ‘Marijuana’ or ‘Marihuana’ means all parts of the…

§ 41605. Guam Controlled Substances Registration. (a) Every person who manufactures, distributes, dispenses, imports, or exports any listed chemical compound contained in the controlled substance listing or any controlled substance other than Cannabis and Cannabis products, or wh…

§ 41606. Separate Registrations for Separate Locations, and Transfer of Locations. (a) A separate registration is required for each principal place of business of professional practice where controlled substances are manufactured, distributed, or dispensed by a person or business…

§ 41607. Application. 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 310 (a) Any practitioner who is required to be registered and who is not so registered may apply for registratio…

§ 41608. Filing of Application. (a) All applications shall be delivered to the Division of Environmental Health of the Department of Public Health in Mangilao or mailed to the Division of Environmental Health, the Department of Public Heal th and Social Services, 123 Chalan Karet…

§ 41609. Additional Information. (a) DPHSS may require an applicant to submit such documents or written statements of fact as DPHSS deems necessary to determine whether the application should be granted. The failure of the applicant to provide such documents or statements within …

§ 41610. Amendments to and Withdrawals of Applications. An application may be amended or withdrawn without 26 G AR – P UBLIC H EALTH & S OCIAL S ERVICES D IV . 1 – D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES C H . 4 P UBLIC H EALTH AND S ANITATION 312 permission of DPHSS at …

§ 41611. Fee Amounts. (a) For each initial Controlled Substances Registration: (1) To manufacture controlled substances, the applicant shall pay a fee of One Thousand Dollars ($1000). (2) To distribute controlled substances, the applicant shall pay a fee of Five Hundred Dollars (…

§ 41612. Persons Exempt from Fee. (a) Department of Public Health and Social Services shall be exempt from payment of a fee for registration or renewal- registration any official, employee, or entity of DPHSS who or which is authorized to purchase controlled substances, to obtain…

§ 41613. Exemption of Agents and Employees; Affiliated Practitioners. (a) The requirement of registration is waived for any agent or employee of a person who is registered to engage in any group of independent activities, if such agent of employee is acting in the usual course of…

§ 41614. Exemption of Certain Military and Other Personnel. (a) The requirement of registration is waived for any official of the U.S. Army, U.S. Navy, U.S. Marine Corp., U.S. Air Force, U.S. Coast Guard, and U.S. Public Health Service who is authorized to prescribe, dispense, or…

§ 41615. Exemption of Law Enforcement Officials. (a) The requirement of registration is waived for the following persons in circumstances described in this section: (1) Any officer or employee of a Government of Guam agency who is engaged in the enforcement of any Guam law relati…

§ 41616. Exemption of Civil Defense Officials. (a) The requirement of registration is waived for any official of a civil defense or disaster relief organization who, in the course of his official duties, is authorized to: (1) Maintain, and distribute for such maintenance, control…

§ 41617. Administrative Review Generally. DPHSS may inspect or cause to be inspected the establishment of an applicant or registrant, pursuant to the Act. DPHSS shall review the application for registration and other information regarding an applicant in order to determine whethe…

§ 41618. Certificate of Registration. DPHSS shall issue a certificate of registration to an applicant if the issuance of registration or renewal is required under the applicable provisions of the Act. In the event that the issuance of registration or renewal is not appropriate, D…

§ 41619. Suspension or Revocation of Registration. (a) DPHSS may suspend any registration pursuant to the Act for any reasonable and justifiable period of time as determined by DPHSS. (b) DPHSS may revoke any registration pursuant to the Act. (c) Before revoking or suspending any…

§ 41620. Suspension of Registration Pending Final Order. (a) DPHSS may suspend any registration simultaneously with or at any time subsequent to the service upon the registrant of an order to show cause why such registration should not be revoked or suspended, in any case where D…

§ 41621. Extension of Registration Pending Final Order. In the event that an applicant for renewal-registration (who is doing business under a registration previously granted and not revoked or suspended) has applied for renewal-registration at least 30 calendar days before the d…

§ 41622. Order to show cause. (a) If, upon examination of the application for registration from an applicant and other information regarding that applicant, DPHSS is unable to make the determination by the applicable provisions of the Act to register the applicant, or decides to …

§ 41623. Hearings Generally. (a) In a case where DPHSS shall hold a hearing on any registration or application, the procedures for such hearings shall be governed by the Administrative Adjudication Law. (b) Any hearing under this part shall be independent of, and not in lieu of, …

§ 41624. Response to Order to Show Cause. (a) After the filing of and service upon the registrant of an order to show cause, the registrant has fifteen (15) calendar days after service of the order in which to reply. The registrant may: (1) Request a hearing. (2) Object to the or…

§ 41625. Request for Hearing. A simple request for a hearing shall be deemed a specific denial of all parts of the accusation contained within the order to show cause, which are not expressly admitted. Said notice of defense shall be in writing signed by or on behalf of the appli…

§ 41626. Filing of Response. The registrant or applicant shall file his response to the order not more than fifteen (15) calendar days after the service of the order upon him.

§ 41627. Failure to File a Notice. A failure to file a notice of defense or any notice indicating that the applicant or registrant desires a hearing and will appear upon the date stated in the order to show cause shall constitute a waiver of the applicant or registrant's right to…