Guam § 32103 - Prohibited Acts.

§ 32103. Prohibited Acts.

(a) The following acts and the causing thereof are prohibited:

(1) The manufacture, production, preparation, compounding,

packing, selling, offering for sale or keeping for sale within the

territory of Guam, or the introduction into this Territory from any other

state, territory or the District of Columbia or from any foreign country,

of any package of a misbranded hazardous substance or banned

hazardous substance;

(2) The alteration, mutilation, destruction, obliteration or removal

of the whole or any part of the label of, or the doing of any other act

with respect to a hazardous substance if such act is done which the

substance is in commerce or while the substance is held for sale

whether or not the first sale after shipment in commerce and results in

the hazardous substance being a misbranded hazardous substance or a

banned hazardous substance;

(3) The receipt in commerce of any misbranded hazardous

substance or banned hazardous substance and the delivery or preferred

delivery for pay or otherwise;

(4) The giving of a guarantee or undertaking referred to in §

32104(c)(2) which guarantee or undertaking is false except by person

who relied upon a guarantee or understanding to the same effect signed

by, and containing the name and address of, the person residing in the

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United States from whom he received in good faith the hazardous

substance;

(5) The failure to permit entry or inspection as authorized by §

32110(a) or to permit access to and copying of any record as

authorized by § 644;

(6) The introduction or delivery for introduction into commerce,

or the receipt in commerce and subsequent delivery or preferred

delivery for pay or otherwise, of a hazardous substance in a reused

food, drug or cosmetic container or in a container which, though not a

reused container, is identifiable as a food, drug or cosmetic container

by its labeling or by other identification. The reuse of a food, drug or

act which results in the hazardous substance being a misbranded

hazardous substance. As used in this Paragraph, the terms Afood,@

Adrug@ and Acosmetic,@ shall have the same meanings as in Chapter 40;

and

(7) The use by any person to his own advantage or revealing other

than to the Director or officers or employees of the agency or to the

courts when relevant in any judicial proceeding under this Chapter, of

any information acquired under authority of § 32109 concerning any

method of process which as a trade secret is entitled to protection.

(b) Any person who imports or receives from any other state or

territory or the District of Columbia or from any foreign country or who

having so received delivers for pay or otherwise or offers to deliver to any

other person, any misbranded hazardous substance or any person who shall

manufacture or produce, prepare or compound or pack or sell, or offer for

sale or keep for sale in the territory of Guam any such misbranded

hazardous substance, shall be guilty of a misdemeanor punishable as

provided in § 32103.