Title 5, Government Operations

To facilitate the purposes of this Chapter and to provide security for the bondholders, the Contractor may assign, without the need of the consent of the Public Safety Agency, the Contract, the Lease and the Lease-Back to any trustee, underwriter or other appropriate party as may…

To minimize the financing cost to the government, all financing utilized by the Contractor to fund the design, construction, development and maintenance of a Public Safety Facility shall be through tax-exempt bonds or other financial instruments, if a mechanism to do so is availa…

The Public Safety Agency shall be responsible for the connection and payment of all utilities, including without limitation, power, water, sewer, telephone and cable. Capital maintenance and repair shall be performed by the Contractor as provided for in 5 GCA § 59109. Routine mai…

The Contract with the Contractor, and the Lease-Back, shall provide that all capital maintenance and repair of the Public Safety Facility be performed by the Contractor as a separate cost. The Contractor shall be responsible, during the Lease-Back period, for the timely filing of…

Purchase of Existing Facilities. The government of Guam is authorized to enter into a lease to purchase agreement with a private owner for an existing building or land presently occupied or to be occupied in the future by a public safety agency, as defined by § 59102(i) of Title …

If any provision of this Chapter 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 Chapter which can be given effect without the invalid provision or application, a…

This Division of the Guam Code Annotated shall be known and be cited as the Agricultural Law. SOURCE: GC § 12000. NOTE: The original Title XIII of the Government Code was repealed by P.L. 3-103, the same law enacting this Chapter. The effective date of both the repeal and of this…

The following definitions shall be used in interpreting this Division: (a) Department means the Department of Agriculture of the government of Guam. (b) Director means the Director of the Department of Agriculture. (c) Person means any person, association, organization, partnersh…

(a) The provisions of this Division, insofar as they are substantially the same as existing [pre-August 1956] statutory provisions relating to the same subject matter, shall be construed as continuations thereof and not as new enactments. (b) All persons who, at the time this Div…

Any action or proceeding commenced before this Division takes effect [8/1/56], and any right accrued therefor, is not affected by the provisions of this Division but all procedure hereafter taken shall conform to the provisions of this Division as far as possible. SOURCE: GC § 12…

Any person in whom the enforcement of any provision of this Division is vested, has the power of a peace officer as to such enforcement. Whenever any power or authority is given by any provision of this Division to any person, it may be exercised by any deputy, inspector, or agen…

Any person carrying out any power or authority granted him by this Division, in a manner prescribed herein or in a proper manner, may enter upon any premises to carry out his duties. SOURCE: GC § 12005.

(a) The Director of the Department of Agriculture, through the Administrative Adjudication Law, is hereby authorized to enact schedules for penalties and citations that: (l) do not exceed One Thousand Dollars ($1,000.00) per incident; and (2) allow any peace officer on Guam to is…

Regulations dealing with quarantine, pest control, fishing, slaughtering dairy cattle and experimental dairy cattle, egg labeling, and meat inspection shall be formulated by the Department and approved by the Director. If the Governor approves such regulations, he shall promulgat…

The filing officer shall maintain a complete file of all regulations which shall be open to public inspection during normal government business hours. SOURCE: GC § 12007.1.

The filing officer may, to the extent funds are available, prepare and distribute copies of any regulations. The Compiler of Laws shall publish effective regulations, promulgated as herein set forth as part of the Guam Administrative Rules and Regulations. SOURCE: GC § 12007.2 as…

[Repealed.] SOURCE: GC § 12007.3 added by P.L. 3-103; repealed by 5 GCA § 9312, eff. July 1, 1977.

Subsequent enactment of any law inconsistent with any regulation promulgated under the provisions of § 60108 of this Chapter shall have the effect of repealing such regulations. SOURCE: GC § 12008.

(a) The Department is authorized to receive monies derived from all fees provided under this Division, from the sale and rental of equipment, and from the sale of livestock, produce, fertilizers, plants, seeds, and pesticides. Such monies shall be promptly transmitted to the Trea…

Established. [Repealed.] SOURCE: Added as uncodified section by P.L. 26-140:4. As this is a permanent law. The Compiler added it here since the Director of Agriculture is the certifying officer for the fund. This section previously numbered 60113 mistakenly by the Compiler (secti…

The Director may arrange and classify the work of the Department and may consolidate, abolish or create divisions thereof. The Director may prescribe duties of such assistants, deputies, agents and other persons as are employed in the Department. SOURCE: GC § 12025.

The Department shall protect and promote the agricultural resources and economy of the Territory of Guam by research, quarantine, control, conservation, and extension work as authorized or required in this Division and in other laws. SOURCE: GC § 12026.

The Governor may enter into cooperative agreements with individuals and associations, and with agencies of the United States and United Nations, for the purpose of furthering the Department’s program; provided, however, that no wildlife refuge, agricultural preserve or conservati…

The Department shall employ or otherwise have available for its use, a qualified veterinarian who shall perform such duties as are given him by law or regulation, or as prescribed by the Director. SOURCE: GC § 12028.

(a) The Director of Agriculture is authorized to recruit PAWS (Protecting Animal Welfare and Safety) volunteers to assist the Guam Department of Agriculture in the enforcement of the animal cruelty laws in Article 1 of Chapter 70, Title 9, Guam Code Annotated. The Director shall …

Fund. [Repealed.] SOURCE: GC § 12010 added by P.L. 11-119 (Feb. 23, 1972). Amended by P.L. 20-105:1 (Oct. 16, 1989). Repealed by P.L. 36-071:13 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal, this provision stated in its entirety: There is hereby created the Farmer’s and Fisherm…

The following classes of loan are hereby established in granting loans: (1) Class A - Improvement of farm lands: (a) Improvement of far lands; (b) Purchases, construction or improvement of essential non-residential buildings on farm lands. (2) Class B - Farm operating loans: (a) …

To be eligible for loans made under § 60301, an applicant shall be: (a) A qualified farmer or fisherman. (b) A citizen of the United States who has resided in Guam for at least three consecutive years. (c) Willing to carry out all recommended farm and fishing management practices…

Any loan in excess of Five Thousand Dollars ($5,000) shall be secured by duly recorded first mortgage upon any of the following property within the territory: (1) Fee simple farmland. (2) Leaseholds of farmland where the lease has an unexpired term of at least two (2) years longe…

Every borrower who is granted a loan under § 60301 shall comply with the following conditions: (a) Expend no portion of his loan for purposes other than those sanctioned by the Department of Agriculture. (b) Carry out recommended farm management practices, including the keeping o…

(a) Loans made under § 60301 shall be repaid in accordance with a payment plan specified by the Department with payments applied first to the interest and then to the principal. (b) Additional payments in any sums, or the payment of the entire principal may be made at any date wi…

There is within the government of Guam a Board of Trustees of the Revolving Loan Fund, hereafter referred to as the Board of Trustees, to consist of five members appointed by the Governor, two of which must be bona fide farmers. A member of the Department of Agriculture shall be …

All loans shall be paid out on warrants signed by the Director of Agriculture. SOURCE: GC § 12010.7 added by P.L. 11-119.

There is hereby authorized to be appropriated $350,000 to the Farmers’ Small Loan Revolving Fund. All assets and liabilities of the Farmers’ Small Loan Revolving Fund as established by P.L. 9-121, as amended, are hereby transferred to the Farmers’ Small Loan Revolving Fund of thi…

There is hereby created a Cooperative Association Revolving Fund for the purpose of granting loans to farmers’ and fishermen’s cooperative associations. SOURCE: GC § 12011 added by P.L. 11-119.

Loans may be granted to cooperative associations engaged in production, marketing, purchasing, processing and providing farm business services, including: (a) Facility loans to purchase or improve land, buildings and equipment for an amount not to exceed $50,000 and a term not to…

The Revolving Fund Loan Board of Trustees set forth in § 60307 shall administer the Fund in accordance with the provisions of § 60350 through § 60353 of this Chapter. SOURCE: GC § 12011.2 added by P.L. 11-119.

All assets and liabilities of the Guam Farmers Cooperative Association Revolving Fund as established by P.L. 9-121 are hereby transferred to the Cooperative Association Revolving Fund established by this Article. SOURCE: GC § 12011.3 added by P.L. 11-119.

A farm for purposes of this section shall be farmland used for bona fide agriculture, as defined in § 60102 of this Title. No person who is engaged in agricultural use of farmland may be forced or required to stop such farming activities because of changes in the usages of surrou…

As used in this Chapter: (a) Pest means insect, fungus, bacterium, virus and other forms of animal and plant life known or suspected to be injurious to Guam crops and livestock or poisonous to fish. (b) Host means plant or animal or part thereof, soil, container, vehicles, or oth…

Regulations shall be promulgated, in accordance with 60108 of this Division, to protect Guam agriculture from new plant and animal diseases. Such regulations may establish quarantines at the border of or within Guam, prohibiting or restricting the entry and movement of designated…

The Director is hereby authorized and empowered to enter upon any air or sea craft arriving at Guam whether off-port, at pier or wharf, or at an airfield; to enter any pier, wharf, depot, ware- house or other places where any regulated article exists or is be- lieved to exist; an…

The Director shall have the power to safeguard any animal, plant, or other regulated article when, in his opinion, such confinement is necessary to prevent the spread of a pest from such article. SOURCE: GC § 12103.

Regulated articles which can be safely and effectively treated to destroy associated pests, may be treated in a manner deemed necessary and adequate by the Director. Surfaces, areas and things actually or possibly contaminated with imported pests may be so treated. SOURCE: GC § 1…

Any treatment which may be required under the provisions of this Article shall be at the risk and at the expense of the owner or person in charge or in possession thereof at the time of treatment unless otherwise provided in supporting regulations. SOURCE: GC § 12105.

Regulated articles and things exposed to contamination therefrom, which cannot be made pest free by any treatment approved by the Director, shall be destroyed or shipped out of Guam, as ordered by the Director. SOURCE: GC § 12106.