GCA Title 5, Chapter 61
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
CHAPTER 61 PLANTS & ANIMALS
Article 1. Plant & Animal Quarantine. Article 2. Plant & Animal Pest Control. Article 3. Slaughterhouses and Slaughtered Animals. Article 4. Branding Law. Article 5. Estrays.
ARTICLE 1
PLANT & ANIMAL QUARANTINE
- § 61101. Definitions.
- § 61102. Regulations.
- § 61103. Authority to Inspect.
- § 61104. Safeguard or Confinement.
- § 61105. Treatment.
- § 61106. Treatment at Risk & Expense of Owner.
- § 61107. Destruction.
- § 61108. Liabilities.
- § 61109. Egg Labeling. [Repealed]
- § 61110. Violations.
§ 61101. Definitions.
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 other article known or suspected to be infested or contaminated with agricultural pests. (c) Regulated article means any pest or host designated as such in this Chapter or in any plant and animal quarantine or control regulation. (d) Crop means plants and plant products collectively grown or cared for and used for food and other useful purpose.
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
(e) Livestock means cattle, carabao, swine, deer, sheep, goats, equine and poultry raised for labor, food or other purposes. SOURCE: GC § 12100 added by P.L. 3-103; subpart (a) amended by P.L. 7-16. All sections in this Chapter are A added by P.L. 3-103” unless noted otherwise. Subsection (e) amended by P.L. 25-030:1.
§ 61102. Regulations.
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 pests and hosts and prescribing methods for inspection, safeguard, treatment and destruction of such regulated articles, and for related work. The Director is authorized to modify, by making less stringent, any prohibitions or restrictions made by such regulations. SOURCE: GC § 12101.
§ 61103. Authority to Inspect.
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, warehouse or other places where any regulated article exists or is believed to exist; and to inspect cargo, stores, quarters, baggage and any other thing for regulated articles. SOURCE: GC § 12102.
§ 61104. Safeguard or Confinement.
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.
§ 61105. Treatment.
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
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
actually or possibly contaminated with imported pests may be so treated. SOURCE: GC § 12104.
§ 61106. Treatment at Risk & Expense of Owner.
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.
§ 61107. Destruction.
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.
§ 61108. Liabilities.
Exception the salary and transportation of any inspector, the costs of plant and animal quarantine activities shall, as determined by the Director, be borne by the owner or person in charge or in possession of any regulated article involved in such costs. The government of Guam, the Department, Director or inspector shall in no manner be liable for loss, destruction, or damage to property or persons resulting from activities authorized by this Article. SOURCE: GC § 12107.
§ 61109. Egg Labeling.
[Repealed.] SOURCE: GC § 12108; repealed by P.L. 11-205. CROSS-REFERENCE: See 5 GCA Title 10, Health & Safety, for labeling and regulation of food.
§ 61110. Violations.
It shall be unlawful and punishable upon conviction as a petty misdemeanor, for any person to violate any provisions of this Article and supporting regulations, including but not limited to (a) concealment from an inspector of any regulated article or failure to present the same for inspection and (b) failure to safeguard, dispose
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
of, or otherwise handle regulated articles in accordance with this Division and instructions from an inspector. SOURCE: GC § 12109; amended by P.L. 13-187:101.
ARTICLE 2 PLANT & ANIMAL PEST CONTROL
§ 61201. Authority to Perform or Require Control Work. § 61202. Regulations. § 61203. Indemnities and Costs. § 61204. Bovine Tuberculosis. § 61205. Rabid Dogs. [Repealed] § 61206. Unlawful Acts. § 61207. Penalties.
§ 61201. Authority to Perform or Require Control Work.
The Department is authorized to perform or participate in pest control or eradication work when, in the opinion of the Director, such work by the Department is of general benefit to Guam agriculture and not largely for the benefit of one or few individuals. Any owner may be required to perform control work and to safeguard or destroy designated regulated articles when, in the opinion of the Director, such action is necessary to protect the agricultural economy of Guam. SOURCE: GC § 12125.
§ 61202. Regulations.
Regulations shall be promulgated, in accordance with § 60108 of this Chapter, to protect plants, fish and animals from destructive and injurious pests. SOURCE: GC § 12126.
§ 61203. Indemnities and Costs.
No indemnity shall be paid to the owner or any person for property destroyed or damaged by activities authorized herein, unless specifically provided for in this Division or supporting regulations. Unless otherwise indicated, the costs of work done,
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
material consumed, and equipment used on such activities, including the salaries of the veterinarian and any inspector, shall be borne by the government of Guam. SOURCE: GC § 12127.
§ 61204. Bovine Tuberculosis.
All cattle within Guam shall be tuberculin tested by the government veterinarian as often as in his judgment, with the approval of the Director, such testing is desirable in order to detect, suppress and eradicate bovine tuberculosis. The veterinarians and agent of the Department may, for the purpose of making such tests, go upon any property where such cattle are kept or found. If bovine tuberculosis is detected in any animal, the Director shall recommend control and eradication procedures, provisions for indemnification, and penalties, to be promulgated as regulations as authorized in § 60108 of this Chapter. SOURCE: GC § 12128.
§ 61205. Rabid Dogs.
[Repealed.]
SOURCE: GC § 12130 added by P.L. 3-103; repealed by P.L. 5-62. For dog control laws, see 10 GCA Chapter CROSS-REFERENCE: 34.
§ 61206. Unlawful Acts.
It shall be unlawful for any person (a) to conceal, plant, harvest, dry, or process any pest or host which is subject to a Department control or eradication program and (b) fail to safeguard, dispose of, or otherwise handle such pests and hosts as instructed by an inspector or agent of the Department, in accordance with the provisions of this Article. SOURCE: GC § 12150; amended by P.L. 7-16.
§ 61207. Penalties.
Any violation of the provisions of § 61206, above, shall be a petty misdemeanor. SOURCE: GC § 12131; amended by P.L. 13-187:102.
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
ARTICLE 3
SLAUGHTERHOUSES AND SLAUGHTERED ANIMALS
- § 61301. Slaughterhouse Defined.
- § 61302. Cognizance over Slaughterhouses.
- § 61303. Permits and Health Certificates.
- § 61304. Requirements for Slaughterhouses.
- § 61305. Slaughtering of Animals.
- § 61306. Inspection of Animals: Private Use.
- § 61307. Inspection of Animals for Meat: Commercial Use.
- § 61308. Sale, Offer for Sale, or Possession of Uninspected Meat: Unlawful.
- § 61309. Unlawful Possession of Mark, Stamp or Brand.
- § 61310. Cattle Slaughtering for Food: Notice.
- § 61311. Regulations.
- § 61312. Violation: Penalties.
§ 61301. Slaughterhouse Defined.
Slaughterhouse means and includes any commercial establishment where cattle, swine, carabaos, deer, sheep, goats, horses or other livestock are killed for the purpose of obtaining the meat therefrom for human consumption. SOURCE: GC § 12140. Amended by P.L.25-030:2.
§ 61302. Cognizance over Slaughterhouses.
All matters concerning sanitation relative to the operation of slaughterhouses, the inspection of livestock, procedures for slaughtering and inspection of carcasses and meat shall be under the cognizance of the Director. SOURCE: GC § 12141.
§ 61303. Permits and Health Certificates.
(a) It shall be unlawful for any person to open a business, operate or continue to operate any slaughterhouse without a permit from the Director. (b) A person employed in the operation of a slaughterhouse shall have a valid health certificate from the Department of Public
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
Health and Social services. Every owner, employer, manager, or person in charge or in control of any slaughterhouse, together with the person employed, is responsible that such person so employed has a valid health certificate. SOURCE: GC § 12142; amended by P.L. 7-101 and P.L. 9-147.
§ 61304. Requirements for Slaughterhouses.
Every slaughterhouse hereafter established shall comply with the following: (a) Every slaughterhouse shall be kept clean and sanitary. All offal, blood, fat, manure or other refuse shall be removed therefrom immediately after completion of the slaughtering operations. (b) There shall be abundant light, both natural and artificial, and sufficient ventilation to insure sanitary conditions. (c) The water supply shall be ample, clean and potable with adequate facilities for the distribution in the plant. Both hot and cold water shall be available during operation of the slaughterhouse. (d) The floors shall be of concrete constructed in such a way that all blood, water and liquid refuse will drain into a cesspool properly constructed and well kept. The walls may be of concrete, lumber, or other suitable materials, to a height of at least five feet from the floor. The space above five feet from the floor may be of screen but shall be kept in good repair. The ceiling must be of sufficient height to permit carcasses to hang so that they do not contact the floor. (e) Every precaution shall be taken to keep the establishment free from insects and rodents. (f) No animal or fowl, except animal or fowl for slaughter, shall be permitted in any slaughterhouse. No animal of fowl shall be kept permanently on the premises of the slaughterhouse or within 150 feet thereof. (g) Properly located facilities for cleaning, disinfecting and sterilizing utensils and hands of all persons handling meat or meat food products shall be provided.
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
SOURCE: GC § 12143.
§ 61305. Slaughtering of Animals.
All livestock, except poultry, intended to be slaughtered for commercial purposes must be slaughtered in a slaughterhouse in a manner approved by the Department. SOURCE: GC § 12144.
§ 61306. Inspection of Animals: Private Use.
An owner of livestock, except poultry, desiring to slaughter such livestock for meat for private human consumption may request the services of an inspector from the Director for the purpose of inspecting such livestock. Such inspection shall be made without charge, and the recommendations of the inspection shall not be binding on the owner, except that if an animal is found to have a communicable disease, it shall be condemned for human consumption. SOURCE: GC § 12145.
§ 61307. Inspection of Animals for Meat: Commercial Use.
An animal to be slaughtered in the Territory of Guam for the purpose of processing or manufacturing meat, meat products, or by-products therefrom for sale for human consumption, the carcass of such animal after slaughter, and any meat, meat product, or by-products processed or manufactured therefrom in Guam for sale for human consumption, must be inspected and approved as fit for human consumption by a qualified veterinarian of the Department of Agriculture of his duly authorized representative. The veterinarian shall condemn any such animal found by him to be incurably diseased, and such meat, meat products, or by-products found by him to be unfit for human consumption. The veterinarian’s approval of meat found fit for human consumption shall be indicated by impressing upon each primal part of such meat or carcass a form of stamp approved by the Director. All animals, carcasses, or meat condemned under this Section shall be disposed of under the direction and supervision of the veterinarian. When an animal is condemned under this Section, or the carcass or meat therefrom, the owner of the animal shall be entitled to indemnification in such amount as determined by the
5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS
Director in accordance with regulations promulgated pursuant to § 60108 of this Division. SOURCE: GC § 12146; amended by P.L. 4-70.
§ 61308. Sale, Offer for Sale, or Possession of Uninspected Meat: Unlawful.
No person shall sell, or offer for sale, any meat not bearing a valid approval stamp as required under § 61307 of this Article, and no wholesaler or retailer shall have in his possession or on his business premises any meat not bearing a valid approval stamp as required under § 61307 of this Division. SOURCE: GC § 12147.
§ 61309. Unlawful Possession of Mark, Stamp or Brand.
It shall be unlawful for any person, except authorized employees or deputies of the Department, to possess, keep, or use any mark, stamp, or brand provided for use for marking, stamping, or branding the carcass of animals, parts thereof, meats, or meat food products. SOURCE: GC § 12148.