Guam Administrative Code

§ 9703. Authority. Title 11 Guam Code Annotated (GCA), Chapter 8, Section 8110 authorizes the Cannabis Control Board to establish rules and regulations to govern the labeling and packaging requirements for cannabis and cannabis products.…

§ 9704. Labeling. (a) Cannabis and cannabis product labels generally. The following label requirements shall apply to all cannabis and cannabis products: (1) Usable cannabis, cannabis concentrates, and cannabis-infused products must not be labeled as organic unless permitted by t…

§ 9705. Packaging. (a) General packaging requirements applying to all cannabis and cannabis products. (1) Any container or packaging containing usable cannabis, cannabis concentrates, or cannabis-infused products must protect the product from contamination and must not impart any…

§ 9706. Labeling and Packaging Colors for all Cannabis Infused Edible Products. (a) Only colors and shapes from an approved list on the Department of Public Health and Social Services’ website are permitted. (b) Labeling and packaging background colors must be white, cream, grey,…

§ 9707. Accompanying materials. A statement that discloses all pesticides applied to the cannabis plants and growing medium during production of the usable cannabis or the base cannabis used to create the concentrate or the extract added to infused products must be provided with …

§ 9708. Upon request materials. Upon the request of a retail customer, a retailer must disclose the name of the certified laboratory that conducted testing and the results of the required quality assurance tests for any cannabis or cannabis product the customer is purchasing or c…

§ 9709. Cannabis warning symbol requirement. (a) Cannabis-infused products for oral ingestion sold at retail must be labeled on the principal display panel or front of the product package with the "Not for individuals below 21." (1) The warning statement must be of a size and col…

§ 9710. Advertising Requirements and Promotional Items — Coupons, Giveaways, etc. (a) Advertising generally. The following requirements apply to all advertising by licensed cannabis establishments. (1) All cannabis advertising and labels of useable cannabis, cannabis concentrates…

§ 9801. Cannabis Testing Facility Certification. (a) All cannabis, prepared cannabis and cannabis products on Guam shall be tested, as provided in section 9802 of these rules, for potency and safety by a cannabis testing facility licensed by the Department of Public Health before…

§ 9802. Cannabis Testing Facility Standards and Testing Protocols. (a) The cannabis testing facility shall select a random sample, not to exceed 10 grams per lot, from each lot of cannabis at the cultivation site and from each batch of prepared cannabis and cannabis product at th…

§ 9803. Facility Testing Protocols for Cultivators, Manufacturers and Retail Cannabis Stores. (a) The cultivation facility must sort cannabis into identical lots according to the cannabis crop and the cannabis product manufacturing testing facility must sort the prepared cannabis…

§ 9901. Enforcement Powers. Every member of the Board, the Department of Revenue and Taxation, the Department of Public Health and Social Services, the Guam Police Department and other law enforcement agencies, 113 the Guam Fire Department, Department of Public Works, Guam Enviro…

§ 9902. Inspections. The Inspectors shall have the right at all times, with reasonable notice and without legal process, to visit and have immediate access to every part of the premises of every licensee for the purpose of making an examination or inspection of cannabis products,…

§ 9903. Revocation or Suspension of License: Grounds. A license of any class may be suspended or revoked on any of the following grounds: (a) The continuation of a license would be contrary to the public interest. (b) The violation, causing or permitting of a violation of, or fai…

§ 9904. Administrative Penalties. (a) The Board may impose as a penalty a fine for any cannabis establishment that violates any provisions of these rules and regulations, in an amount equal to the licensee’s New License Fee for the first offense; double the licensee’s New License…

§ 9905. Same: Hearing. The Board, upon receipt of a request for hearing pursuant to Section 9913(e), shall, as soon as practicable, hold an administrative hearing consistent with the provisions of the Administrative Adjudication Law. 2022 NOTE: Subsection designation omitted purs…

§ 9906. Criminal Prosecution. The criminal prosecution of any person under the provisions of this Chapter shall be in addition to, and independent of the power of the Board and Department, to suspend or revoke any license. 116…

§ 9907. Severability. If any provision or the application of any provision of these rules and regulations is held invalid, that invalidity shall not affect other provisions or applications of these rules and regulations. ------------ 117…

§ 2100. Rules and Regulations Incorporated By Reference. Rules and regulations governing customs and quarantine are incorporated herein by reference. 1 COL942013 (a) Importation of Plants and Plant Products. (Regulations for the importation of plants and plant products can be fou…

§ 2200. Rules and Regulations Incorporated Herein By Reference. The International Health regulations are incorporated herein by reference. (Regulations can be found in Title XIX, Public Health and Social Services, Division I, Chapter 4, Subchapter A, Guam Admin. Rules.) ---------…

§ 2300. Standards Prescribed By the Department of Transportation. Motor vehicles and motor vehicle equipment manufactured on or after January 1, 1968, offered for sale, or introduction or delivery in interstate commerce, or importation into the United States are subject to Federa…

§ 2301. Requirements for Entry and Release. (a) Any vehicle or equipment item offered for importation into Guam shall not be refused entry under this Article if: 3 COL942013 (1) it bears a valid certification as required by Section 114 of the National Traffic and Motor Vehicle Sa…

§ 2302. Release under Bond. If a declaration filed in accordance with Paragraph (b) of this Article states that the entry is being made under circumstances described in § 2301 (b)(2)(iii), the entry shall be accepted only if the importer gives a bond for the production of a state…

§ 2303. Merchandise Refused Entry. If a vehicle or equipment item is denied entry under the provisions of § 2301 (b), the Director of Commerce shall refuse to release the merchandise for entry into Guam and shall issue a notice of such refusal to the importer or consignee.…

§ 2304. Disposition of Merchandise Refused Entry into Guam; Redelivered Merchandise. NOTE: Federal Motor Vehicle Safety Standards (FMVSS) have been promulgated by the U.S. Department of Transportation in 23 CFR Part 255 pursuant to the provisions of the National Traffic and Motor…

§ 2400. Authority. Pursuant to 5 GCA § 73144, the Director of Commerce is empowered to promulgate rules and regulations to carry out the purpose of Chapter 2, Title XLIV, Government Code. Such rules and regulations may prescribe the terms and conditions necessary to administer th…

§ 2401. Definitions. The following definitions and interpretations shall apply to this Article unless the text otherwise requires: (a) Container means any method of conveyance used in the shipment or transportation of merchandise or goods in international traffic. (b) Container F…

§ 2402. Policy. The purpose of these rules and regulations is to facilitate and 8 COL942013 movement and inspection of containers from the original port of entry to provisional inspection sites or to a CFS.…

§ 2403. Removal of Container Seal. Seals affixed on a container or cargo at the port of origin shall be removed only under Customs supervision.

§ 2404. Sealing. Any container seal found broken after being unloaded from a vessel shall be reported immediately to a Customs officer and the Customs officer shall immediately reseal the container.

§ 2405. Tampering or Altering of Customs Seal. The breaking or tampering with the Customs seal on a container prior to its official release from Customs custody, except under the direction of a Customs inspector, is in violation of 5 GCA § 73143.…

§ 2406. Provisional Inspection Site. (a) An importer may request for a container to be inspected at a provisional inspection site located at the owner’s premises. Such inspection may be authorized by the Director of Commerce or Chief of Customs under the following conditions: (1)…

§ 2407. Special Request. At the request of the declarant, Guam customs inspectors may permit goods to be cleared outside business hours, including Sundays and holidays, provided the owner/consignee pays Customs overtime services under 5 GCA § 73138.…

§ 2408. Requirements for CFS Facility. (a) An application for the operation of a CFS facility shall be submitted to the Department of Commerce, Customs & Quarantine Division, in order to verify the eligibility of the applicant and facility for approval. The application must conta…

§ 2409. Documentation Requirement. The owner or importer shall submit the necessary documentation to the Customs Office prior to the inspection in order to facilitate the movement of goods to its destination for Customs inspection. Those documents are as follows: (a) Bill or ladi…

§ 2410. Inspection. Inspection shall be conducted and performed in accordance with Customs and Quarantine rules and regulations (see Art. 1 of this Chapter). Priority shall be given to perishable goods and other urgent consignments.…

§ 2411. Prohibited or Restricted Items. Any goods, articles, or merchandise found in any container which are prohibited or restricted will be seized by Customs pursuant to 5 GCA

§ 2412. Penalties. Should a seal on a container or cargo be broken or tampered with prior to its official release from Customs custody, except under the direction of a Customs Inspector, then the person or firm that has accepted delivery of the sealed container or cargo, shall be…

§ 2413. Investigation. The Director may order an investigation to be conducted in the event that a sealed container is found opened.

§ 2414. Payment of Charges and Fees. Any person(s) requesting Customs services as provided in these rules and regulations shall immediately make payment to the Customs and Quarantine Division for services rendered or upon receipt of customs bill. If payment is not received, servi…

§ 2415. Reviews and Audits. The Director of Commerce or his designee may conduct from time to time periodic reviews and audits of CFS, sites [sic] and all documents relating to the handling of import and export merchandise. ---------- ARTICLE 5 CUSTOMS, AGRICULTURE, AND QUARANTIN…

§ 2500. Purpose. The purpose of these rules and regulations are to carry out the provisions of Title 5, Chapter 73, Sections 73145 through 73151 of the Guam Code Annotated and establishing guidelines by which Customs, Agriculture, and Quarantine Inspection Service Charges and the…

§ 2501. Authority. These rules and regulations are promulgated pursuant to Public Law 23-45, and Title 5, Chapter 73, Sections 73145 through 73151 of the Guam Code Annotated.

§ 2502. Scope. These rules and regulations shall govern procedures, requirements, and applications of the Customs, Agriculture, and Quarantine Inspection Service Charges and parties thereto involved, and shall replace all such guidelines established for this program in effect pri…

§ 2503. Definitions. Whenever in these rules and regulations the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean: (a) Agency means the Customs and Quarantine Agency of the Government of Guam. (b) Agent means a person…

§ 2504. Service Charge Facilities. Service charge facilities shall include, but are not limited to, those facilities at the GIAT, the Commercial Port of Guam, the Agat Marina, the Agana Boat Basin, and other locations as may be designated by the Agency, that are used to provide t…

§ 2505. Service Charges. (a) Air Carrier Services (1) Purpose and Adjustments. The Director is responsible for assuring, to the extent reasonably possible, that the service charges to be assessed to the air carriers by the Antonio B. Won Pat Guam International Airport Authority r…

§ 2506. Service Charge Review. The Director will review service charges at least annually and make such periodic adjustments as may be necessary in accordance with these rules and regulations. (a) Air Carrier Service Charges. (1) Annual Budget Review. Each year the Agency will pr…

§ 2507. Exemptions for Cargo and Sea Passengers. Each shipment of cargo and/or sea passenger arriving in the Territory of Guam under the following conditions are exempt from the Customs, Agriculture, and Quarantine Inspection Service Charge, and/or their inclusion in determining …

§ 2508. Assessment, Collection, and Remittance. (a) Antonio B. Won Pat Guam International Airport Authority. The GIAA shall assess and collect service facility charges, excluding cargo charges, from air carriers whose operations require services under Title 5, Chapter 73, Section…