Title 5 — Government Operations

As used in this Chapter, unless the context clearly requires a differ- ent construction: (a) Consumer means any person who acquires eggs for consumption in his own household and not for resale. (b) Container means any box, case, basket, carton, sack, bag or other receptacle conta…

No person shall market any inedible eggs, as defined under the Federal Food, Drug and Cosmetic Act, as amended, or incubated eggs except that such inedible and incubated eggs may be sold as commercial feed or for other commercial purposes than human consumption, provided such egg…

The Department shall establish, and from time to time, may amend or revise, standards, grades and size-weight classes for eggs marketed in COL120106 this territory. In administering this section, the Department shall have due regard for the desirability of uniformity in the stand…

(a) The Department shall, upon request, provide the services of a qualified eggs inspector to inspect and certify eggs produced within and imported into the territory as to specific grades, standards of quality, condition and size-weight classes required pursuant to § 66103. (b) …

(a) The container in which any eggs are marketed in this territory shall bear prominently on the outside portion thereof the following information: COL120106 (1) The grade of the eggs and the date when the eggs were graded; (2) The size-weight class of the eggs; (3) The word eggs…

Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the date of sale, name and address of the seller, name of purchasers, quantity, country of origin, grade and size-weight class …

(a) Any person assembling, transporting, marketing, processing, storing or displaying eggs for marketing shall keep the eggs at a temperature not higher than forty-five degrees Fahrenheit (45°F) nor lower than thirty-five degrees Fahrenheit (35°F). Each storage or display facilit…

The Department, acting by any duly authorized officer, employee, or agent, may enter on or into any premises or any vehicle where eggs are bought, stored, sold, offered for sale, processed, or transported, or wherein the Department has reason to believe that any such activity is …

(a) If, after inspection, the Department determines that any eggs are being marketed, displayed, stored, processed or transported in violation of this Chapter, or rules or regulations implementing the same, the Director may issue a Stop Sale Order as to such eggs, directed to the…

(a) Producers marketing eggs directly to a consumer and to other premises where produced only are excepted from the coverage of this Chapter. (b) All types of shippers marketing eggs to a first receiver within the territory who will grade them into the proper grade and size-weigh…

The Department may, subject to the Administrative Adjudication Act, make and amend, from time to time, such rules and regulations as may be necessary to administer and implement the provisions of this Chapter. SOURCE: GC § 12510.

The Department is empowered through its authorized officers, employees, agents and inspectors to enforce the provisions of this Chapter and to have supervision and control of all officers in Guam enforcing this Chapter. SOURCE: GC § 12511.

COL120106 Any person who violates any provision of this Chapter or any rule or regulation issued pursuant thereto shall be guilty of a petty misdemeanor. SOURCE: GC § 12512, amended by P.L. 13-187:111.

(a) The Department, acting by the Attorney General, may enforce any provision of this Chapter or any rule or regulation issued pursuant thereto by bringing an action in the Superior Court for an injunction. (b) If the court issues an injunction under this section, it shall retain…

(a) Whether he seeks or is entitled to damages or otherwise has an adequate remedy at law any person may bring an action in the Superior Court to enjoin, in accordance with the principles of equity, any person who has violated, is violating, or is likely to violate the provisions…

The institution of proceedings for the application of any remedy available pursuant to this Chapter, or the issuance of any order on account thereof, or the imposition of any fine or penalty pursuant to this Chapter, shall not operate as a bar or limitation to the application of …

Any determinations or final actions of the Department taken pursu- ant to or under color of this Chapter shall be reviewable in accordance with the Administrative Adjudication Act by a proceeding in the Superior Court, except that orders issued pursuant to § 66109(a) and the taki…

The provisions of this Chapter are severable, and if any of its provi- sions or their application to any person or circumstances shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaini…

The provisions of this Chapter are cumulative and shall not be construed to repeal any laws or parts of laws not in conflict herewith. SOURCE: GC § 12518. CROSS-REFERENCE: See 10 GCA Chapter 40 for the Guam Food, Drug and Cosmetic Act. ---------- COL120106