Title 5 — Government Operations

The landowner shall furnish the Department with such information as it shall require in order to enable it to determine the eligibility of the land involved. SOURCE: GC § 12519.

No later than twenty days after the Department enters into a contract with a landowner pursuant to this Chapter, the Department shall record with the Department of Land Management a copy of the contract, which shall describe the land subject thereto, together with a reference to …

Guam or landowner may bring any action in court necessary to enforce any contract including but not limited to an action to enforce the contract by specific performance or injunction. SOURCE: GC § 12521. 2023 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 GCA §…

It is hereby declared that the purpose of this Article is to provide relief from the provisions of contracts entered into pursuant to this Chapter only when the continued dedication of land under such contracts to agricultural use is neither necessary nor desirable for the purpos…

A contract may not be cancelled except pursuant to a request by the landowner, and as provided by this Article. SOURCE: GC § 12523.

The landowner may petition the Department for cancellation of any contract as to all or any part of the subject land. The Department may approve the cancellation of a contract only if it finds: (a) that the cancellation is not inconsistent with the purposes of this Chapter; and (…

Fee; Deferred Taxes; Waiver of Payment; Distribution of Deferred Taxes. (a) Prior to any action of the Department giving tentative approval to the cancellation of any contract, the assessor shall determine the full cash value of the land in accordance with 11 GCA §§ 24305, 24306,…

(a) Upon tentative approval of the cancellation petition, the Department of Agriculture shall record in the Department of Land Management a certificate which shall set forth the name of the owner of such land at the time the contract was cancelled with the amount of the cancellat…

No contract may be cancelled until after the Department has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published in a newspaper of general circulation for ten days prior to such hearing, and shall be mailed to each and every owne…

The owner of any property located in the agricultural preserve may protest such cancellation to the Department conducting the hearing. SOURCE: GC § 12528. ARTICLE 5 EMINENT DOMAIN OR OTHER ACQUISITION

(a) It is the policy of Guam to avoid, whenever practicable, the location of any Guam public improvements of public utilities, and the acquisition of land therefor, in agricultural preserves. (b) It is further the policy of Guam that, whenever it is necessary to locate such impro…

(a) When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed or when such land is acquired in lieu of eminent domain for a public improvement by a public agency or whenever there is any such action or acqui…

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

When used in this Chapter: (a) The term distribute means to offer for sale, barter or otherwise supply commercial feeds or custom-mixed feeds. (b) The term distributor means any person who distributes. (c) The term sell or sale includes exchange. (d) The term official name of a f…

(a) Any commercial feed other than custom-mixed or toll-milled feed, distributed in this Territory or imported shall be accompanied by a legible label bearing the following information: (1) The net weight; (2) The product name or brand name under which the commercial feed is dist…

The Department of Agriculture is charged with the enforcement of this Chapter, and is empowered to promulgate and adopt rules and regulations with respect to: (a) Providing for inspection fees; COL120106 (b) Providing for penalties for deficiencies of official samples; (c) Determ…

This Act shall become effective July 1, 1976. SOURCE: P.L. 13-84:2. ---------- COL120106

and Fish from Local Fishermen. (a) The Department of Agriculture shall, on a continuing basis, make every effort to ensure that the crops of the farmers and the fish products of the fishermen of Guam are first procured by agencies of the government, such as Department of Educatio…

All government of Guam agencies mentioned in § 68101 above, will include in their budget request a plan for the purchase of farm and fish products from local farmers and fishermen, including a specific line item for local produce and fish purchases in the budget digest incorporat…

Local farmers and fishermen shall be exempt from the requirement of the Government of Guam local preference laws which would disqualify them in the procurement process. In addition, all local laws which outline the methods of procurement of local farm and fish products shall be r…

This Section shall be known as the, Guam Slaughterhouse Corporation Act.

Corporation. There is hereby authorized the establishment of a “Guam Slaughterhouse Corporation” (“Corporation”) to accomplish the mandate of this Act. Subject to Guam laws, the Corporation shall have the abilities and responsibilities of a privately-owned commercial corporation …

As an initial procedure, the Department of Agriculture, the Department of Land Management, the Guam Waterworks Authority, the Bureau of Planning, the College of Agriculture and Life Science of the University of Guam, and the Guam Environmental Protection Agency, shall constitute …

The management, administration and operation of the Slaughterhouse shall be vested in a commercial corporation (hereinafter referred to as the “Corporation”), which shall have the initial support of the Slaughterhouse Task Force, and specifically the Department of Agriculture. Fi…

To facilitate the establishment and the success of the slaughterhouse operation, the government shall provide loan guarantees to the Corporation in the amount of One Million Five Hundred Thousand Dollars ($1,500,000). The Corporation shall be eligible for government of Guam inves…

COL 041309 The site for the construction of the slaughterhouse is designated as Lot 7150-R4-NEW-1-1, Municipality of Yigo, as shown on Land Management Drawing No. CC-8925Y, Certificate of Title 76418, registered on March 19, 1984, containing an area of 8,094 square meters (the “P…

The qualifications for any private operator of the Guam slaughterhouse shall be as follows: (1) That Guam hog producers be given priority or preference in the bidding process to operate the slaughterhouse; (2) That the operator be a citizen of the United States who shall have res…

(1) Public Law Number 20-68, which appropriated the sum of $250,000.00 for the construction of a slaughterhouse, is hereby repealed. (2) Public Law Number 20-197, which designated land for and provided for the construction of a slaughterhouse, is hereby repealed and is substitute…

This Chapter shall be known as the Guam Invasive Species Council Act of 2011.

The Guam Invasive Species Council (GISC) will be established for the special purposes of protecting Guam from alien species that threaten our economy, culture, ecosystem and human health; and providing policy direction, coordination, and planning among government of Guam departme…

The Council shall: COL622016 (a) create a mission statement on invasive species for Guam; (b) develop a Guam Invasive Species Management Plan (GISMP); (c) act as the lead entity for Guam to include local regional, national and international invasive species efforts; (d) provide a…

COL622016 (a) The Council shall be composed of the organizational heads, or their designees, from the Guam Department of Agriculture (GDOA), the Customs and Quarantine Agency (CQA), the A.B. Won Pat International Airport Authority, Guam; the Jose D. Leon Guerrero Port Authority o…