Title 5 — Government Operations

All livestock shall be branded within ninety calendar days of the date of birth, or one month after acquisition, whichever is later.

No person shall use any brand which has not been registered with the Department of Agriculture.

Application for registration of brands shall be made on a form furnished by the Department. If said application is approved, the Department shall forthwith issue to the applicant a certificate of brand registration upon payment of a fee of $10.00. Brands registered with the Depar…

The Department shall deny the registration of any brand which is identical to any brand previously registered, or which is easily altered from the brand of another. No brand shall be registered which is formed by representation of any letter, number or figure which has been previ…

Upon denial of any application for registration of brand, the application shall be returned to the applicant, together with a statement of the reason(s) for rejection. Another application may then be filed for a different brand.

(a) No person shall apply any brand to any livestock or other animal without the permission of the owner of the brand. (b) No person shall apply any brand to any livestock or other animal not owned by that person without the permission of the owner of such animal. (c) No person s…

A registered brand may be transferred to another person by application of the owner of the brand and the proposed transferee, and surrender of the original certificate of brand registration to the Department. The Department shall thereupon issue a new certificate of brand registr…

Any person who purchases or acquires livestock must brand such animals no later than 30 calendar days after acquisition. Previously branded animals not intended for slaughter within 30 calendar days of acquisition must be reregistered with the Department. An affidavit of livestoc…

The Director of Agriculture shall designate one or more employees of the Department to serve as Chief Brand Inspector and Deputy Brand Inspector, respectively, who will enforce the laws and regulations pertaining to branding of livestock and undertake any other related duties ass…

The Department shall disseminate information to interested persons relative to branding requirements and procedure, and may assist owners in the branding of their livestock and charge a reasonable fee thereof as prescribed by regulations.

Regulations implementing this Article shall be formulated, approved and issued in accordance with the Administrative Adjudication Act to carry out the purposes of this Article.

Any person violating any Section of this Article is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than $50.00, nor more than $500.00, or by imprisonment of not more than 90 days, or by both fine and imprisonment.

[Repealed.] ( SOURCE: Repealed by P.L. 36-071:18 (Dec. 27, 2021). ---------- ARTICLE 5 ESTRAYS

SOURCE: This Article, the Branding Law of 1970, was repealed/reenacted from the former Article 4 on the same subject by P.L. 25-186:15.

As used in this Article, the following definitions shall apply: (a) Domestic animal means any sheep, pig, goat, horse, mule, deer, cattle or carabao. (b) Estray means any domestic animal found at large, or trespassing on public or private property. It includes, but is not limited…

All domestic animals must be confined by the owner thereof by adequate fencing, or be kept securely staked or tied, except where otherwise subjected to direct control by the presence of the owner or his authorized representative. SOURCE: GC § 12161.

It shall be unlawful for an owner of a domestic animal, willfully, to allow such animal to graze, or be at large, whether or not staked or tied, within any public right-of-way, school, park, or recreation area, or, except when duly authorized according to law, on any other public…

The Department of Agriculture shall seize and impound all estrays. The Commissioners of Guam shall have the concurrent responsibility with their respective jurisdictions of collecting any estrays and turning them over to the Department of Agriculture. SOURCE: GC § 12183; amended …

The Department of Agriculture shall maintain an estray animal control unit. The estray animal control unit shall provide for the care and keep of any estrays impounded as provided by this Article. SOURCE: GC § 12184; amended by P.L. 11-68.

Notwithstanding § 61505, any person finding any estray upon premises in his possession, or upon highways and streets adjacent thereto, may seize such estray and shall have a lien thereon for all costs incurred in seizing, keeping and caring for such estray and also for any damage…

The Director of Agriculture shall, within five days, after notification of impoundment of an estray, cause public notice to be given that the estray, if not reclaimed, will be sold at public sale at the Department of Agriculture by the Director on a date specified which shall be …

The charge per day for care and keep for each estray seized and impounded by the Department of Agriculture shall be Two Dollars for each horse, mule, cattle, or carabao and One Dollar per day for each sheep, pig, or goat. SOURCE: GC § 12187; amended by P.L. 11-68.

The owner of any impounded estray may obtain the release thereof, prior to sale, by producing evidence of ownership and paying all costs for care and keep, notice of sale, and any claim for costs and damages of the private person, if any, who made the seizure. If the owner refuse…

(a) Any estray remaining unclaimed at the time fixed for the date of sale in the notice required by § 61507 shall be sold at public sale by the Director. (b) The minimum acceptable bid at the sale on each estray shall not be less than the charged for care and keep, impounding, an…

The proceeds, if any, from the sale of estrays shall be paid into the General Fund. A private person claiming a lien against the estray shall file written proof of such amount of lien, under oath, with the Director. If the Director shall be satisfied of the validity of the amount…

No liability shall be incurred by the government of Guam or any of its officers or employees in carrying out the provisions of this Article. SOURCE: GC § 12191.

Any owner who violates any provision of this Article shall be published by a fine not to exceed Ten Dollars for the first violation, and a fine not to exceed Twenty-five Dollars for the second violation and any violation thereafter. SOURCE: GC § 12192; amended by P.L. 11-68. ----…

The Department shall maintain and operate experimental farms at such places in Guam as it shall deem desirable for the purpose of developing, testing and demonstrating crops and livestock, soil and water usage and conservation, and methods and equipment to improve and promote the…

The Department shall make studies of ways and means to reduce the erosion and wastage of soil of all areas of Guam and to improve the physical nature and fertility of crop and pasture soils. It shall give attention to ways and means of retaining and supplying soil water for crops…

The Department shall develop and test new and improved fruit, vegetable, forage and other plants as to their growth and productivity under conditions existing in Guam. It shall propagate plants and collect seeds and shall make them available for planting by farmers and public age…

In order to improve the quality of livestock on Guam, the Department is authorized to select animals from among island livestock, and, when necessary, it may import such animals. Im- proved breeding stock shall be kept by the Department for use by farmers upon payment of a reason…

and Feral Asiatic Water Buffalo (Carabao) as Livestock. Residents of Guam are authorized to raise Guam deer, wild and feral pigs, and feral Asiatic water buffalo (carabao) as livestock. Nothing herein shall prevent residents of Guam from raising Guam deer, wild and feral pigs, an…

(a) Care to look after; to provide for. (b) Health a state of complete physical, mental, and social well being and not merely the absence of disease or infirmity, relative to each individual. (c) Livestock cattle, carabao, swine, deer, sheep, goats, equine and poultry raised for …

The following general standards of care apply to the keeping of all livestock and poultry: (a) Care in General. Animals shall be housed or kept and provided with food, water and care, in a manner which, having regard to their species and to their degree of development, adaptation…

The Department of Agriculture may promulgate additional rules and regulations pursuant to the provisions of the Administrative Adjudication Law as necessary or appropriate to address specific concerns regarding standards of care for livestock. SOURCE: Added by P.L. 25-186:5.

The standards of care for livestock contained in 5 GCA § 62104.3, and any subsequent rules and regulations promulgated under 5 GCA § 62104.4, shall be enforced by the Department of Agriculture Veterinarian, Plant Protection and Quarantine Officers, Conservation Officers, and any …

Any violation of the provisions of § 62104.3, or subsequent rules and regulations promulgated under § 62104.4, shall be a misdemeanor. Subsequent violations may result in the forfeiture of the livestock involved. SOURCE: Added by P.L. 25-186:7. NOTE: Legislative Intent, found in …

As a part of the experimental farms’ operations, and in cooperation with individual farmers, the Department shall give attention to the introduction and testing of improved farm tools and machinery to increase the productivity of Guam farmers. Various methods of planting crops, c…

The Department shall make certain tests as to the best manner and time of harvesting various crops and slaughtering livestock, and of handling and storing such products to assure good quality produce and home use and market. The Department may assist farmers in the development of…

The Department shall employ one or more Farm Advisors who shall work directly with individual persons to disseminate information on improved practices, developed at the experimental farms, or obtained from other sources. The Advisors shall observe soil, crop, and livestock condit…

The Department is hereby authorized to procure and distribute, at cost, seeds, fertilizers, pesticides and other agricultural supplies and equipment, not readily available to farmers from other sources in Guam. SOURCE: GC § 12226.

(a) Notwithstanding any other provisions of law, there is hereby established the Plant Nursery Revolving Fund which shall be maintained separate and apart from any other funds of the government of Guam, and independent records and accounts shall be maintained in connection therew…

Heavy duty tractors, plows, and other such equipment may be owned and maintained by the Department, and may be used by or for individual persons for agricultural land clearing and other agricultural purposes. The Director shall establish the rental fee to be paid for each use, an…

Heavy duty tractors, plows, and other such equipment may be leased from private companies licensed by the Director of Agriculture so long as the lessee shall use such heavy equipment for agricultural land clearing and other agricultural purposes only. SOURCE: GC § 12227.1 added b…

The rental provided in § 62204, above, shall be subsidized at the rate of fifty percent (50%) in accordance with rules and regulations promulgated by the Director. SOURCE: GC § 12227.2 added by P.L. 15-107:1.

The Director shall, in accordance with rules and regulations to be issued [by] him, license such private companies to rent equipment in accordance with the provisions of § 62204 through § 62207 and rules promulgated thereto. SOURCE: GC § 12227.3 added by P.L. 15-107:1. COMMENT: W…

The Director shall promulgate and disseminate printed rules and regulations dealing with the subject matter of § 62204 through § 62207. SOURCE: GC § 12227.4 added by P.L. 15-107:1.

Organization and growth of 4-H Clubs and other agricultural youth organizations shall be promoted by the Department. The Department is authorized to conduct and participate in agricultural exhibits, former institutes and other similar programs which will increase the interest and…

The issuance of agricultural information through publications, as approved by the Director, either by free distri- bution or at a price to be determined by the Director, is hereby authorized. SOURCE: GC § 12229. NOTE: Section 12230 (added by P.L. 3-103) and §§ 12230.1 - .2 (added…

(a) “Skincare Products” are any substances, including, but not limited to, cosmetics, hair care products, sunscreen products, bath and shower products, and any product used for cleansing, enhancing the appearance of, or protecting the skin, hair and nails of a person. (b) “FDA ap…