Title 10 — Health and Safety

This Act may be cited as the “Guam Food, Drug and Cosmetic Act.” SOURCE: GC § 9720. COL120106 NOTE: The terms this Act and Subchapter were used synonymously in the original version of P.L. 13-143, with Subchapter being changed to Chapter here.

For the purpose of this Act: (a) The effective date means the date this Act shall be implemented. (b) The Director means the Director of the Department of Public Health and Social Services. (c) The term person includes individual, partnership, corporation and association. (d) The…

The following acts and the causing thereof within the territory of Guam are hereby prohibited: (1) The manufacture, sale or delivery, holding or offering for sale of any food, drug, device or cosmetic that is adulterated or misbranded; (2) The adulteration or misbranding of any f…

In addition to the remedies hereinafter provided, the Consumer Counsel or Director is hereby authorized to apply to the Superior Court for, and such Court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person…

(a) Any person who violates any of the provisions of '40103 shall be guilty of a misdemeanor. (b) No person shall be subject to the penalties of Subsection (a) of this Section, for having violated Section 3(a) or (c) if he establishes a guaranty or undertaking signed by, and cont…

(a) Whenever a duly authorized agent of the Director finds or has probable cause to believe that any food, drug, device, cosmetic or consumer commodity, as defined by this Act, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this Act or is …

It shall be the duty of the Director to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before the institution of a criminal proceeding, the person against whom such proceeding is contemplated s…

(a) Definitions and standards of identity, quality and fill of container and their amendments, now or hereafter adopted under authority of the Federal Act are the definitions and standards of identity, quality and fill of container in this Territory. However, when in his judgment…

A food shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantit…

A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If its labeling or packaging fails to conform with the requirements of '40120 of this Act; (3) If it is offered for sale under the name of another food; (4) If it is an imit…

(a) The owner or consignee of each import shipment of any article subject to the provisions of this Chapter, shall furnish to the Director, at least seven (7) working days prior to importation, accurate information with COL120106 respect to the identity, quantity and value, sourc…

The Director shall promulgate regulations exempting from any labeling requirement of this Act food which is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at estab- lishments other than those where originally processe…

(a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of clause (2) of '4010…

A drug or device shall be deemed to be adulterated: (1) If it consists in whole or in part of any filthy, putrid or decomposed substance; (2) If it has been produced, prepared, packed or held under unsanitary conditions where by it may have been rendered injurious to health; (3) …

A drug or device shall be deemed to be misbranded: COL120106 (1) If its labeling is false or misleading in any particular, or if its labeling or packaging fails to conform with the requirements of '40120 of this Act; (2) If in package form unless it bears a label containing (i) t…

(a) A drug intended for use by man which: (A) is a habit-forming drug to which '40115(d) applies; or (B) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use is not safe for use except under th…

(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has been approved and said approval has not been withdrawn under '505 of the Federal Act, or (2) when not subject to the Federal Act, unless s…

A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customar…

A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If its labeling or packaging fails to conform with the requirements of '40120 of this Act; (3) If in package form unless it bears a label containing (i) the name and pla…

(a) All labels of consumer commodities, as defined by this Act, shall conform with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 1451, et. seq.) and the regulations promulgated pursuant thereto; pro…

(a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this Act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arterioscler…

(a) The authority to promulgate regulations for the efficient enforce- ment of this Act is hereby vested in the Director. The Director is hereby COL120106 authorized to make the regulations promulgated under this Act conform, insofar as practicable, with those promulgated under t…

(a) For purposes of enforcement of this Act, the Director or any of his authorized agents, are authorized upon presenting appropriate credentials to the owner, operator or agent in charge: (1) to enter at reasonable times any factory, warehouse or establishment in which food, dru…

Nothing in this Subchapter shall be construed as requiring the Director to report for the institution of proceedings under this Chapter, minor COL120106 violations of this Chapter, whenever the Director believes that the public interest will be adequately served in the circumstan…

(a) Whenever the Director finds after investigation that the distribution in the territory of Guam of any class of food may, by reason of contamination with microorganism during manufacture, processing or packing thereof in any locality, be injurious to health and that such injur…

COL120106 (a) The Director shall cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this Act, including the nature of the charge and the disposition thereof. (b) The Director shall also cause to be di…

If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and applicability thereof to other persons and circumstances shall not be affected thereby. SOU…

The effective date of this legislation shall be one hundred eighty (180) days from the passage of this Act. Monthly reports of inspection, investigation and enforcement of this Act shall be made in a public newspaper of wide general circulation thereafter. SOURCE: GC § 9720.27.

There is hereby authorized to be appropriated the sum of One Hundred One Thousand Two Hundred and Forty Dollars ($101,240) to the Department of Public Health and Social Services, Bureau of Environmental Health and Consumer Protection for the implementation and administration of t…