(a) All labels of consumer commodities, as defined by this Act, shall conform with the requirements for the declaration of net quantity of contents of Section 4 of the Fair Packaging and Labeling Act (15 U.S.C.
1451, et. seq.) and the regulations promulgated pursuant thereto; provided, that consumer commodities exempted from such requirements of Section 4 of the Fair Packaging and Labeling Act shall also be exempt from this Subsection.
(b) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure or numerical count) of each such serving.

(c) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such

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representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(d) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Subsection (a), but nothing in this Section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure or count that tends to exaggerate the amount of the commodity contained in the package.

(e) Whenever the Director determines that regulations containing prohibitions or requirements other than those prescribed by Section 21(a) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the Director shall promulgate with respect to that commodity regulations effective to:
(1) establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this Paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions or number of packages which may be used to enclose any commodity;

(2) regulate the placement upon any package containing any commodity or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;

(3) require that the label on each package of a consumer commodity bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in

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this Paragraph shall be deemed to require that any trade secret be divulged; or
(4) prevent the nonfunctional slack-fill of packages containing consumer commodities.
For the purpose of Paragraph (4) of Subsection (e), a package shall be deemed to be non functional slack-filled if it is filled of substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package; provided, that the Director may adopt any regulations promulgated pursuant to the Fair Packaging and Labeling Act which shall have the force and effect of law in this Territory.
(f) Any food, drug or consumer commodity for which the manufacturer or distributor has established or recommended a pull date or other date by which the food, drug or consumer commodity should be used shall:
(1) Have the pull date, “best if used by date, expiration date or other date by which the food, drug or consumer commodity should be used, clearly marked on the packaging or labeling. Color coding may be used if the meanings of the color codes are clearly and plainly displayed in close proximity to the consumer commodities. Any product with a date on it shall be clearly marked as to whether the date is the date of packaging, the pull date, the expiration date, or some other date.

(2) Any outdated food, drug or consumer commodity which is still fit for human consumption and which is more than two days outdated, may be sold, displayed in a retail store or offered for sale only if the item is still fit for human consumption and each package is clearly marked with the word “Outdated or “Expired Merchandise or such other words of similar meaning as may be approved by regulations promulgated by the Director of the Department of Public Health.
(3) Notwithstanding any provision of law, all fresh or frozen packaged meat, fresh eggs, bread, fresh milk and fresh daily products and ice cream, and such other food, drug and consumer commodity designated by the Director of the Department of Public Health and Social Services shall have a clearly designated expiration date on each package offered for retail sale. Notwithstanding any other provision of law, in lieu of stamping any required labels whatsoever on individual eggs, such information may instead be stamped on each egg carton if

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the eggs are packed in individual cartons of twelve (12) eggs or less as required by 5 Guam Code Ann., Chapter 66, the Chicken Egg Regulation. (g) Any dented or damaged package or can of consumer products shall clearly be marked “Damaged.

(h) Any fresh or frozen meat or poultry products which have had water added shall be clearly labeled “Water added. Any meat products which have been previously given a United States Department of Agriculture grade or category shall have the grade or category clearly marked on each package of meat offered for sale, whether or not later repackaged.

(i) It shall be unlawful to sell any rusty canned goods or goods with rusty metal lids, unless the rust can be removed by rubbing with a cotton cloth.

(j) It shall be a misdemeanor for any person to sell or offer for sale any food, drug or consumer commodity which is not clearly labeled and marked in English or Chamorro as herein provided for in this Chapter.

(k) In addition to criminal penalties for the violation of this Section, the Director of Public Health and Social Services shall, by rules and regulations to be established seize and destroy all food, drug, or consumer products which are displayed or offered for sale which are not properly marked or labeled in the English or Chamorro languages, and shall pursuant to regulations, impose civil penalties and fines not exceed Five Hundred Dollars ($500) for each failure to properly label or mark products in English or Chamorro languages as provided by this Chapter, and may, pursuant to regulation, and close repeated offenders; shall
(l) In addition to any other penalties provided for by law, each violation of this Section shall be counted as at least one or more demerits as the conditions dictate, in determining demerit points in the issuance of sanitary permits or renewals thereof as provided for in 10 Guam Code Ann., Chapter 21. For purposes of this subsection, a minimum of one (1) demerit point must be given for each different inventory item found in violation of this Section, but exactly identical items found in violation may be counted as one violation.

(m) Any seller of food, drugs and consumer commodities found to have more than twenty (20) different products displayed or offered for sale which do not comply with the provisions of this Section shall be immediately closed in the same manner as an unsanitary establishment pursuant to the provisions of 10 Guam Code Ann., Chapter 21.

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(n) The Director of the Department of Public Health and Social Services shall promulgate rules and regulations to implement this Section pursuant to the Administrative Adjudication Act.
SOURCE: GC § 9720.19. Subsection (f) – (n) were added to ‘40120 by P.L. 19-41:1. Subsection (f)(3) amended by P.L. 28-33:4.

NOTE: The reference in Subsection (e) to “Section 21(a)” appears to be a reference to the Subsection (a) of this Section, which tends to confirm the explanation of these
anomalous references presented in the note to ‘40115.