GCA Title 5, Chapter 60
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
DIVISION 6 AGRICULTURE
CHAPTER 60
DEPARTMENT OF AGRICULTURE
- Article 1. General Provisions. Article 2. Organization & Administration of Department of Agriculture. Article 3. Loan Funds.
ARTICLE 1
GENERAL PROVISIONS
- § 60101. Title.
- § 60102. Definitions.
- § 60103. Provisions as Continuation of Prior Law.
- § 60104. Division Not Retroactive.
- § 60105. Enforcement Powers.
- § 60106. Entry for Inspection.
- § 60107. Violation.
- § 60108. Regulations.
- § 60109. Files Open to the Public.
- § 60110. Distribution and Publication.
- § 60111. Submission to Legislature. [Repealed]
- § 60112. Repeal by Later Laws.
- § 60113. Authority to Receive Money.
- § 60114. Plant Protection and Quarantine Revolving Fund Established. [Repealed]
§ 60101. Title.
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 NOTE: The original Title XIII of the Government Code was repealed by P.L. 3-103, the same law enacting this Chapter.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 Chapter was August 1, 1956. All references to a Govt. Code section in the SOURCE references in this Division will refer to P.L. 3-103 unless amended, repealed or reenacted by later law.
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
All references in the original Government Code to Title have been changed to Division so as to refer to the same subject matter as in the original.
§ 60102. Definitions.
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, partnership, business trust, or corporation. (d) Inspector or agent means Department employee or deputy authorized by the Director to carry out any power granted by this Division. (e) Agriculture means the growing, care and use of plants and animals, and includes acts and things related thereto. (f) Farmland means land in Guam used for agricultural purposes, including general farming, fruit growing, flower growing, grazing, dairying, the production of any other form of livestock or poultry, and any other form of agricultural activity. It includes land required for an adequate farm dwelling and other essential farm buildings, roads, and wasteland. (g) Cooperative Association means a nonprofit association or farmers or fishermen organized under the Nonprofit Cooperative Association Act of Guam (18 GCA Chapter 13). SOURCE: GC § 12001. Subparts (f) and (g) added by P.L. 11-119.
§ 60103. Provisions as Continuation of Prior Law.
(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.
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
(b) All persons who, at the time this Division goes into effect [8/1/56], hold office under any of the laws repealed by this Division, continue to hold the same according to the former tenure thereof. (c) All rules and regulations promulgated under existing statutory provisions and authority [pre-Aug. 1956], which are not inconsistent with the provisions of this Division, shall continue in full force and effect as if they had been promulgated under the provisions of this Division. SOURCE: GC § 12002.
§ 60104. Division Not Retroactive.
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 § 12003.
§ 60105. Enforcement Powers.
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 agent duly authorized by the Director. SOURCE: GC § 12004. CROSS-REFERENCES: See 8 GCA § 5.55 relative to Peace Officers.
§ 60106. Entry for Inspection.
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.
§ 60107. Violation.
(a) The Director of the Department of Agriculture, through the Administrative Adjudication Law, is hereby authorized to enact schedules for penalties and citations that:
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
(l) do not exceed One Thousand Dollars ($1,000.00) per incident; and (2) allow any peace officer on Guam to issue a citation for a violation of Chapters 60 and 63 of Title 5 of the Guam Code Annotated, their supporting regulations and Public Law 24-21 as appropriate. (b) (1) A citation issued pursuant to Chapters 60 and 63 of Title 5 of the Guam Code Annotated, their supporting regulations and Public Law 24-21, shall be accompanied by a notice to appear at the Traffic Court Division of the Superior Court of Guam. Failure of the person cited to appear as directed by the notice may subject him to further penalties for contempt of court. (2) Violations of this Article shall be prosecuted in the Traffic Court Division of the Superior Court of Guam, which shall impose the penalties created herein. Parents and legal guardians shall be responsible for any violations hereof committed by minors under their custody. (c) All monies collected by the court for fines and penalties imposed hereunder shall be transferred to the Wildlife Conservation Fund as described in § 63130 of Article 1, Chapter 63, Division 6 of Title 5 of the Guam Code Annotated. The Superior Court shall render a quarterly report to the Department of Agriculture reflecting defendants’ names, addresses and other identifying information regarding violators who have been ordered to remit fines and penalties. The Superior Court shall create forms approved by the Director of the Department of Agriculture for citations, record violations, provide for the administration of the prosecution of violators and establish an orderly, secure and efficient procedure for the processing of Natural Resource citations pursuant to Subsections (a) and (b) hereof. (d) The Director of the Department of Agriculture may enter into such written Memoranda of Understanding with the Superior Court of Guam and other government of Guam agencies as are necessary to effectuate the purposes of this Act. (e) The Director of the Department of Agriculture may also
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
enact such regulations to effectuate the purposes of this Act as are appropriate. The existing penalties as described in § 63129 of Chapter 63 of Title 5 of the Guam Code Annotated, Public Law 28-107, and their supporting regulations to include Public Law 2421 shall remain in effect until the new schedule of penalties and citations is enacted. (f) Nothing in this Section shall nullify or modify any civil or criminal law enforcement powers, penalties or obligations granted by federal or local law to the Department of Agriculture to punish offenses of the hunting and fishing laws of Guam, including, but not limited to, the right to perform searches and seizures, to make lawful arrests and to seek and recover the forfeiture of items employed by violators. SOURCE: GC § 12006 amended by P.L. 13-187:100; repealed/reenacted by P.L. 26-25:2. Amended by P.L. 28-174:2 (Jan. 29, 2007)
§ 60108. Regulations.
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 promulgate them as Executive Orders. Regulations, including any amendment or repeal thereof, shall be issued as follows: (a) Approval and promulgation by Executive Order of the Governor. (b) Filing of the original Executive Order with such officer of the Executive Branch of the government as shall be designated by the Governor by Executive Order. Such officer is hereinafter referred to as the filing officer. (c) The filing officer shall indicate on the original of the Executive Order promulgating regulations the date and time of receipt thereof and affix his signature thereto. Such regulations shall thereupon become effective as of such date and time unless a subsequent date and time are provided in such regulations. SOURCE: GC § 12007 amended by P.L. 9-247.
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
CROSS-REFERENCES: See 5 GCA Chapter 9, Administrative Adjudication Law, for the present procedure for promulgating rules and regulations. NOTE: While 5 GCA § 9312 repeals all laws inconsistent with the Administrative Adjudication Law, of which that is the final section, please be aware that this section was last amended after the enactment of the initial 5 GCA § 9312. Section 9312 has been amended since the last amendment to this Section. Note further that, under 5 GCA Chapter 9, the filing officer within the Executive Branch is the Compiler of Laws.
§ 60109. Files Open to the Public.
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.
§ 60110. Distribution and Publication.
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 amended by implication. NOTE: For provisions concerning publication of all rules and regulations, see 5 GCA § 9304.
§ 60111. Submission to Legislature.
[Repealed.]
SOURCE: GC § 12007.3 added by P.L. 3-103; repealed by 5 GCA § 9312, eff. July 1, 1977.
§ 60112. Repeal by Later Laws.
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.
§ 60113. Authority to Receive Money.
- (a) The Department is authorized to receive monies derived
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
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 Treasurer of Guam, together with an accounting of the source from which such monies are derived, and deposited in the General Fund. (b) The Department is authorized to receive monies from fees associated with the processing and issuance of ‘Clearing, Grading, and Construction Permits’, and shall develop and adopt a fee schedule for such permits. Monies from the ‘Clearing, Grading, and Construction Permit’ fees shall be deposited in the ‘Plant Nursery Revolving Fund’. SOURCE: GC § 12009. Amended by P.L. 31-186:2 (Feb. 27, 2012). CROSS-REFERENCES: See 5 GCA § 22108 for authorization to use revolving funds. The Department of Agriculture, and its program for the sale of seeds, is specifically mentioned in that section. Likewise, 5 GCA § 22108 provides the procedure for establishing such funds.
§ 60114. Plant Protection and Quarantine Revolving Fund 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 (section 60113 being already occupied), thus renumbered to section 60114. This section was repealed by P.L. 28-52:1 (June 30, 2005) which provides: ‘All sums remaining in the Department of Agriculture’s Plant Protection and Quarantine Revolving Fund shall be transferred to the Department of Agriculture’s Guam Plant Inspection and Permit Fund. Section [60114] of Chapter 60 of Title 5 of the Guam Code Annotated shall be repealed immediately following such transfer.‘
ARTICLE 2
ORGANIZATION & ADMINISTRATION OF DEPARTMENT OF AGRICULTURE
§ 60201. Organization.
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
§ 60202. Duties of Department. § 60203. Cooperative Agreements. § 60204. Veterinarian. § 60205. PAWS Volunteers.
§ 60201. Organization.
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.
§ 60202. Duties of Department.
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.
§ 60203. Cooperative Agreements.
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 conservation reserve shall be established in Guam unless approved and enacted under Guam law. SOURCE: GC § 12027; R/R by P.L. 22-63:3 (12/6/93).
§ 60204. Veterinarian.
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.
§ 60205. PAWS Volunteers.
5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE
(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 determine the ty