As used in this Chapter unless the content clearly requires otherwise:

(a) Active Ingredients shall mean:

(1) In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repeal or mitigate any pest;

(2) In the case of a plant growth regulator, defoliant or desiccant, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof.

(b) Administrator shall mean the Administrator of the
Guam Environmental Protection Agency.

(c) Adulterated shall apply to any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, or if any

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

substance has been substituted or abstracted wholly or in part for the pesticide, or any valuable constituent of the pesticide has been wholly or in part abstracted.

(d) Agency shall mean the Guam Environmental
Protection Agency.

(e) Agriculture Commodity shall mean any and all plants and animals produced in Guam for commercial purposes (not for personal consumption).

(f) Animal shall mean all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shellfish.

(g) Board shall mean Board of Directors of the Guam
Environmental Protection Agency.

(h) Carrier shall mean every description of craft, whether aircraft, surface craft or other contrivance used or capable of being used as a means of transportation in the air or water. The person responsible for the carrier shall be the owner, or his agent, including the operator having the command of the carrier.

(i) Certified Pesticide Applicator shall mean any individual who is certified under regulations promulgated under this Chapter to use or to supervise the use of restricted use pesticides, and shall include, but not be limited to:

(1) Private applicator shall mean a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or leased by the applicator or the applicator’s employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person;

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

(2) Commercial applicator shall mean an applicator who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided in 9 (a).
(j) CFR shall mean the Code of Federal Regulations. (k) Core Training shall mean the prerequisite training
toward having a certified pesticide license for application of restricted use pesticides or for applying general use pesticides as required under §50107 (d) of this Act.

(l) Custom Officer shall mean the Chief of Customs under the Customs and Quarantine Agency or his authorized representative.

(m) Defoliant shall mean any substance or mixture of substances intended to cause the foliage to drop from a plant, with or without causing abscission.

(n) Desiccant shall mean any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(o) Device shall mean any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling or mitigating pests or any other form of plant or animal life; but not including equipment used for the application of pesticides when sold separately.

(p) Environment includes water, air, land and animals living therein, all plants and man and the interrelationships which exist among them.

(q) Experimental Use Permit shall mean a permit which is issued by the Administrator only for bona fide research programs under the supervision of public officials.

(r) Facility shall mean a farm, building, room, nursery, golf course, landscaper, or any other type of location where pesticides are stored, used, sold, or disposed of.

(s) FIFRA shall mean the Federal Insecticide, Fungicide, Rodenticide Act and its amendments.

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

(t) Fungus shall mean all nonchlorophyll-bearing thallophytes including rusts, smuts, mildews, molds and yeasts, except those on or living in man or other animals and those on or in processed foods, beverages or pharmaceutical.

(u) General Use Pesticide shall mean a pesticide other than one designated as a restricted pesticide.

(v) Imminent Hazard shall mean a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings would likely result in unreasonable adverse effects on the environment, or would involve unreasonable hazards to the survival of a species declared endangered by the Secretary of the Interior under the Federal Endangered Species Act or the Endangered Species Act of Guam, Title 5 Guam Code Ann., Chapter 63, Article 2, and their amendments.

(w) Importer shall mean the person who initially receives incoming pesticides to Guam.

(x) Importation shall mean importing or bringing of chemical pesticides or devices.

(y) Inert Ingredient shall mean an ingredient which is not an active ingredient and as such does not act as a pesticide.

(z) Ingredient Statement shall mean:

(1) A statement of the chemical name and common name where applicable of each active ingredient, together with the name and percentage of each and the total percentage of inert ingredients, if any, in the pesticide;

(2) Whenever the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elementary arsenic.

(aa) Insect shall mean invertebrate animals belonging to the class Insecta including, beetles, bugs, bees, flies and other allied classes of arthropods, including spiders, mites, ticks, centipedes and wood lice.

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

(bb) Label shall mean the written, printed or graphic matter on or attached to the pesticide or device, or any of its containers or wrappers.

(cc) ‘Labeling’ means all labels and other written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except for current official publications of the U.S. Environmental Protection Agency, the United States Department of Agriculture, the United States Department of Interior, the United States Department of Health, Education and Welfare, the state experiment stations, the state or territorial agriculture colleges or other similar Federal, state or territorial institutions or agencies authorized by law to conduct research in the field of pesticides.
(dd) Misbranded shall mean any pesticide or device if: (1) Its labeling bears any statement, design or
graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

(2) It is contained in a package or other container or wrapping which does not conform to the standards established by the Board pursuant to §50108;

(3) It is an imitation of and is offered for sale under the name of another pesticide or device;

(4) Its labeling does not bear the Federal registration and establishment number for pesticides or establishment number for pesticide devices;

(5) Any advertisement by means of newspaper, leaflet, radio or television is false or misleading in any particular;

(6) The labeling accompanying it does not contain instructions for use which are necessary, proper and adequate for the protection of the public;

(7) The label does not contain warning or caution

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

statements which may be necessary and if complied with, together with any requirements imposed under
§3(d) FIFRA is adequate to protect health and the environment;

(8) The label does not bear an ingredient statement on the immediate container;

(9) Any word, statement or other information required by or under this Chapter to appear on the labeling is not prominently placed thereon with such conspicuousness and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(10) In the case of a plant growth regulator, defoliant or desiccant when used as directed it is injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticides; provided that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant growth regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

(ee) Nematode shall mean invertebrate animals of the Phylum Nemathelminthes and the class Nematoda including unsegmented round worms with elongated fusiform or sac- like bodies covered with cuticle and inhabiting soil, water, plants or plant parts.

(ff) Notice of Arrival shall mean a legal document authorized under § 50112 for the purpose of collecting information concerning the importation and consignment of pesticides on Guam.

(gg) Person shall mean Guam or any instrumentality thereof, or any individual, firm, corporation, association or partnership, or any organized group of persons whether incorporated or not.

(hh) Pest shall mean any insect, rodent, nematode,

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism, except viruses, bacteria or other microorganisms on or in living man or other living animals which the Board declares to be a pest under §50103.

(ii) Pesticide shall mean:

(1) Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest;

(2) Any substances or mixture substances intended for use as a plant growth regulator, defoliant or desiccant.

(jj) Plant Growth Regulator shall mean any substance or mixture of substances intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but not including substances that are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

(kk) Produce shall mean to manufacture, prepare, propagate, compound or process any pesticide, any active ingredient, or device or to package, repackage, label or re- label or otherwise change the container of any pesticide or device.

(ll) Producer shall mean any person who manufactures, prepares, compounds, propagates, processes any pesticide or device, any active ingredient, or device or to package, repackage label or re-label or otherwise change the container of any pesticide or device.

(mm) Producing Establishment shall mean any place where a pesticide or device or active ingredient is produced or repackaged.

(nn) Protect Health and the Environment or Protection of Health and the Environment shall mean protection against any injury to man and protection against any unreasonable adverse effects on the environment taking into account the

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

public interest, including benefits from the use of the pesticide.

(oo) Registrant shall mean a person who has registered any pesticide or device pursuant to this Chapter.

(pp) Restricted Use Pesticide shall mean:

(1) Any pesticide so designated by regulation under
§3(d) of FIFRA and so designated on its label; or

(2) A pesticide determined by the Board to be unsafe for use by persons other than a certified applicator, and so designated by inclusion on a list of restricted use pesticides adopted by the Board.

(qq) Sell or Distribute shall mean to distribute, solicit, sell, offer for sale, hold for sale, transport or deliver for transportation between points within Guam.

(rr) To Use Any Pesticide in a Manner Inconsistent with its Labelling shall mean to use any pesticide in a manner not permitted by the labelling.

(ss) USEPA shall mean the United States
Environmental Protection Agency.

(tt) Under the Direct Supervision of a Certified Applicator shall mean that the certified applicator is physically present at the time and place the pesticide is mixed and applied.

(uu) Unreasonable Adverse Effects on the Environment shall mean any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide.

(vv) Use shall mean mixing, loading, application, and storage of pesticides, containers and devices, disposal of pesticides, containers and devices, and transportation of containers.

(ww) Weed shall mean any plant which grows where not wanted.

2023 NOTE: Reference to “”Territory”” omitted pursuant to 1 Guam Code Ann. § 420.

COL 6/21/2023

10 Guam Code Ann. HEALTH AND SAFETY
CH. 50 GUAM PESTICIDES ACT

2011 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Numbers”” to “”Lowercase Letters”” in this section.