(a) The owner or consignee of each import shipment of any article subject to the provisions of this Chapter, shall furnish to the Director, at least seven (7) working days prior to importation, accurate information with

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respect to the identity, quantity and value, source and origin, ownership, location of the import shipment and any other pertinent information needed or required by regulation to be promulgated by the Director.

(b) The Director, Customs & Quarantine Agency, shall deliver to the Director, upon his request, samples of food, drugs, devices and cosmetics which are being imported or offered for import into Guam, giving notice thereof to the owner or consignee, who may appear before the Director and have the right to introduce testimony. The Director shall furnish to the Customs & Quarantine Agency a list of establishments registered in
accordance with Subsection (i) of ‘510 of the Federal Act, and shall request
that if any drugs manufactured, prepared, propagated, compounded or processed in an establishment not so registered are imported or offered for import into Guam, samples of such drugs be delivered to the Director with notice of such delivery to the owner of consignee, who may appear before the Director and have the right to introduce testimony. If it appears from the examination of such samples of food, drugs, devices and cosmetics, or otherwise that (1) such article has been manufactured, processed or packed under insanitary conditions, or (2) such article is forbidden or restricted in sale in the country in which it was produced or from which it was exported,
or (3) such article is adulterated, misbranded or is in violation of ‘40117 of
this Chapter, then such article shall be refused admission, except as provided in Subsection (c) of this Section. The Customs & Quarantine Agency shall cause the destruction of any such article refused admission unless such article is exported under regulations prescribed by the Customs
& Quarantine Agency within ninety (90) days of the date of the notice such refusal or within such additional time as may be permitted pursuant to such regulations. This Paragraph shall not be construed to prohibit the admission of narcotic drugs, the importation of which is permitted under the Guam Uniform Controlled Substances Act.

(c) Pending decision as to the admission of an article being imported or offered for import, the Custopms & Quarantine Agency may authorize delivery of such article to the owner or consignee upon the execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default as may be required pursuant to the regulations of the Customs & Quarantine Agency. If it appears to the Director that an article included within the provisions of clause (3) of Subsection (a) of this Section can, by relabeling or other action, be brought into compliance with this Chapter or rendered other than a food, drug, device or cosmetic, final determination as to admission of such article may

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be deferred and, upon filling of timely written application by the owner or consignee and the execution by him of a bond as provided in the preceding provisions of this Subsection, the Director may in accordance with regulations, authorize the applicant to perform such relabeling or other action specified in such authorization (including destruction or export of rejected articles or portions thereof, as may be specified in the Director’s authorization). All such relabeling or other action pursuant to such authorization shall in accordance with regulations be under the supervision of an officer or employee of the Department of Public Health and Social Services designated by the Director or an officer or employee of the Department of Commerce, Customs and Quarantine designated by the Director of that Department.
(d) All expenses (including travel, per diem or subsistence, and salaries of officers or employees of the government of Guam) in connection with the destruction provided for in Subsection (b) of this Section and the supervi- sion of the relabeling or other action authorized under the provisions of Subsection (c) of this Section, the amount of such expenses to be determined in accordance with regulations, and all expenses in connection with the storage, cartage or labor with respect to any article refused admission under Subsection (b) of this Section, shall be paid by the owner or consignee and in default of such payment shall constitute a lien against any future importations made by such owner or consignees.
SOURCE: GC § 9720.10.

NOTE: The Legislature has separated Customs & Quarantine from the Department of
Commerce. See 5 Guam Code Ann., Chapter 73.