Terms Used In 10 Guam Code Ann. § 50110

  • Subpoena: A command to a witness to appear and give testimony.
(a) It shall be unlawful for any person to import, distribute, sell, or offer for sale in Guam:

(1) Any pesticide or device which is not registered with USEPA or whose registration has been cancelled or suspended;

(2) Any pesticide that is misbranded;

(3) Any pesticide that is not produced in an EPA
registered pesticide-producing establishment;

(4) Any registered pesticide if the composition differs from its registered composition at the time of its distribution or sale;

(5) Any registered pesticide if the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration under this Chapter or FIFRA;

(6) Any pesticide that is not in the producer’s, re-filler’s, registrant’s, or the manufacturer’s original unbroken immediate container;

(7) Any restricted pesticide to any person other than a certified pesticide applicator or licensed dealer;

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(8) Any pesticide whose coloration is not in conformity with under this Chapter;
(9) Any pesticide which is adulterated or misbranded; (10) Any pesticide in any manner that has been
suspended or banned;

(11) Any experimental use pesticide that has not been registered with U.S. EPA and Guam EPA; or

(12) Any pesticide that has not been registered under the special local needs provisions of this Act.

(b) To use, apply, store, transport, mix, dispose, discard or supervise the use of an application of a pesticide or device inconsistent with its labelling or restrictions imposed by the Administrator.

(c) To use, store, transport, mix, dispose or discard any pesticide or the containers of any pesticide or device in any manner that could have adverse effects on the environment.

(d) To use, store, transport, mix, apply, or as determined by GEPA, improperly dispose or discard any pesticides or devices that are not registered with USEPA

(e) To use, store, transport, mix, dispose or discard any pesticide or device which is under an experimental use permit inconsistent to the provision of such permit.

(f) To use, store, transport, mix, dispose, discard or apply any restricted pesticide or device unless the person is a certified pesticide applicator or is acting under the immediate supervision and control of a current certified pesticide applicator with a valid certificate issued pursuant to regulations adopted under this Chapter.

(g) To use, store, transport, mix, dispose, discard or apply any pesticide or device in any manner that has been suspended or banned pursuant to this Chapter or any pesticide whose registration has been cancelled or suspended by USEPA or an experimental use permit or special local need registration that has been cancelled or suspended by the Agency.

(h) To detach, alter, deface or destroy, in whole, or in part,

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any label or alter any labelling of the pesticide or device unless such action is taken with the approval of the Administrator to correct an improper label or labelling.

(i) To add any substance to or take any substance from a pesticide or device in a manner that may defeat the purpose of this Chapter, unless the pesticide in question is properly registered as required under FIFRA and the establishment where the pesticide is produced is registered as required under FIFRA.

(j) To use for a person’s own advantage or to reveal any information relative to formulas of products acquired in the administration of this Chapter to persons other than to proper officials or employees of the Agency, or any courts in response to a subpoena or to physicians or in emergencies to pharmacists and other qualified persons for use in the preparation of practical treatment.

(k) To falsify any report or record required to be made or
maintained or to fail to file reports required by the Agency. (l) To submit to the Agency data known to be false.
(m) To violate any provision of this Chapter or any rule, regulation, standard, permit, certificate, license or order issued
pursuant to this Chapter.

(n) Violate any rule, regulation, standard, or order issued or
promulgated by USEPA under FIFRA.

(o) To use, store, transport, mix, dispose or discard a pesticide in any way inconsistent with the Federal Worker Protection Standards (WPS) found at 40 C.F.R. part 170 and under this Chapter.

(p) To import any pesticides to Guam without an approved Notice of Arrival (NOA) prior to the arrival of the pesticide product.