Title 10 — Health and Safety

This Chapter may be cited as the “Guam Pesticides Act of 2007” and has the following purposes: (a) To regulate the importation, production, sale, distribution, use and application of pesticides in the interest of public safety and to ensure that all pesticides sold, stored, distr…

As used in this Chapter unless the content clearly requires otherwise: (a) Active Ingredients shall mean: (1) In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repeal or mitigate any pest; (2) In the…

The Agency shall be responsible for the implementation of this Chapter. All authority vested in the Board by virtue of this Chapter may, with like force and effect, be exercised by such employees of the Agency as the Board may from time to time designate for the purpose. The Boar…

The Administrator shall the have the following powers and duties: (a) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Chapter; (b) Establish an effective enforcement program for the implementation of this Chapter; (c) In implementing…

(a) Issuance. Any person who already has received appropriate approval under FIFRA from U.S. EPA for an experimental use permit that includes experimental use of a pesticide in Guam must apply to the Administrator for an experimental use permit for the pesticide prior to experime…

(a) Any federally registered pesticide for which the Administrator has determined has an additional use which meets special local needs in accordance with FIFRA, may be registered with the USEPA Administrator, provided that the federal registration for the pesticide or the device…

Pesticides, Certification and Record Keeping. (a) Licensing. Every person who imports, sells or distributes restricted use pesticides shall obtain an annual license from the Agency. Requirements, procedures and fees for licenses shall conform to the regulations promulgated under …

Each container of pesticides which is offered for sale and distribution shall bear thereon or attached thereto in a conspicuous place, a plainly written or printed label in the English language. Pesticide Importers shall assist Guam EPA on the development and translation of publi…

(a) Pesticides known as standard lead arsenate, basic lead arsenate, sodium arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate or barium fluosilicate shall be distinctly colored as specified by regulation.

(a) It shall be unlawful for any person to import, distribute, sell, or offer for sale in Guam: (1) Any pesticide or device which is not registered with USEPA or whose registration has been cancelled or suspended; (2) Any pesticide that is misbranded; (3) Any pesticide that is no…

“Stop Sale”, “Use”, “Removal”, and “Seizure”. (a) Whenever a pesticide or device is found by the Administrator or his designated agent and there is reason to believe that the pesticide or device has been or is intended to be distributed, used, sold or disposed of in violation of …

An importer desiring to import any pesticides or devices as defined in this Act into Guam shall submit to the Administrator a completed Agency’s Notice of Arrival form prior to the arrival of the shipment. Upon receipt, the Administrator shall complete said form, indicating the d…

Upon arrival of a shipment of pesticides or devices, the importer or his agent shall submit to the Customs Officer at the port of first arrival, the Notice of Arrival completed by the Administrator and indicating to Customs the action to be taken on the shipment of pesticides or …

When a shipment of pesticides or devices arrives in Guam without the submission by the importer or his agent of the Notice of Arrival, such shipment shall be refused entry by the Customs Officer. Any expenses incident to the handling, storage or transfer of pesticides or devices …

If the completed Notice of Arrival directs the Customs Officer to release the shipment of pesticides or devices and from examination if it appears to be in compliance, the shipment shall be released to the importer. If the completed Notice of Arrival directs the Customs Officer t…

(a) The Agency or any authorized representative or employee of the Agency may enter upon any public or private property, according to law at any reasonable time to examine and inspect application methods and equipment, to examine and collect documentary and environmental evidence…

(a) Any person who receives an order from the Administrator as authorized by this Chapter and any person whose license, certification, permit, registration or Notice of Arrival is disapproved by the Administrator may, within fifteen (15) days of the date of receipt of such order …

(a) Criminal Penalties. Any person who knowingly violates any provision of this Chapter, or any valid rule or regulation promulgated under this Chapter, or who refuses or neglects to comply with any lawful license, certification, permit, registration, Notice of Arrival, or order …

There is established a non-lapsing, revolving fund, hereafter referred to as the “Pesticide Management Fund” (Fund) which shall be maintained separate and apart from any other funds of the government of Guam and shall be administered by the Administrator of the Guam Environmental…

(a) Enforcement. There is hereby established within the Agency’s Pesticide Enforcement Program under the Air and Land Division, two (2) additional staff for the purpose of implementing and enforcing this Act and related environmental activities relative to the functions of the Ag…

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or application, and to t…