Guam § 32106 - Embargo and Seizure.

§ 32106. Embargo and Seizure.

(a) Whenever the Director finds or has probable cause to believe that

any hazardous household substance is misbranded or is a banned hazardous

substance, he shall affix to such article a tag or other appropriate marking

giving notice that such article is or is suspected of being misbranded or is a

banned hazardous substance and has been detained or embargoed and

warning all persons not to remove or dispose of such article by sale or

otherwise until permission for removal or disposal is given by him or the

Court. No person shall remove or dispose of such detained or embargoed

article by sale or otherwise without such permission.

(b) When an article detained or embargoed under Subsection (a) has

been found to be misbranded or a banned hazardous substance, the Director

shall petition the Court to condemn such article. When the Director has

found that an article so detained or embargoed is not misbranded or a

banned hazardous substance, he shall remove the tag or other marking.

(c) If the Court finds that a detained or embargoed article is

misbranded or a banned hazardous substance, such article shall be destroyed

at the expense of the owner, under supervision of the Director, and all Court

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costs and fees and storage and other proper expenses shall be taxed against

the owner; provided, that when the misbranding can be corrected by proper

labeling of the article, the Court, conditioned that such article shall be so

labeled, may direct that such article be delivered to the owner for such

labeling under the supervision of the Director. The expense of such

supervision shall be paid by the owner. The article shall be returned to the

owner on the representation to the Court by the Director that the article is no

longer in violation of this Chapter and that the expenses of such supervision

have been paid.