Guam § 40111 - Imports.

§ 40111. Imports.

(a) The owner or consignee of each import shipment of any article

subject to the provisions of this Chapter, shall furnish to the Director, at

least seven (7) working days prior to importation, accurate information with

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respect to the identity, quantity and value, source and origin, ownership,

location of the import shipment and any other pertinent information needed

or required by regulation to be promulgated by the Director.

(b) The Director, Customs & Quarantine Agency, shall deliver to the

Director, upon his request, samples of food, drugs, devices and cosmetics

which are being imported or offered for import into Guam, giving notice

thereof to the owner or consignee, who may appear before the Director and

have the right to introduce testimony. The Director shall furnish to the

Customs & Quarantine Agency a list of establishments registered in

accordance with Subsection (i) of '510 of the Federal Act, and shall request

that if any drugs manufactured, prepared, propagated, compounded or

processed in an establishment not so registered are imported or offered for

import into Guam, samples of such drugs be delivered to the Director with

notice of such delivery to the owner of consignee, who may appear before

the Director and have the right to introduce testimony. If it appears from the

examination of such samples of food, drugs, devices and cosmetics, or

otherwise that (1) such article has been manufactured, processed or packed

under insanitary conditions, or (2) such article is forbidden or restricted in

sale in the country in which it was produced or from which it was exported,

or (3) such article is adulterated, misbranded or is in violation of '40117 of

this Chapter, then such article shall be refused admission, except as

provided in Subsection (c) of this Section. The Customs & Quarantine

Agency shall cause the destruction of any such article refused admission

unless such article is exported under regulations prescribed by the Customs

& Quarantine Agency within ninety (90) days of the date of the notice such

refusal or within such additional time as may be permitted pursuant to such

regulations. This Paragraph shall not be construed to prohibit the admission

of narcotic drugs, the importation of which is permitted under the Guam

Uniform Controlled Substances Act.

(c) Pending decision as to the admission of an article being imported or

offered for import, the Custopms & Quarantine Agency may authorize

delivery of such article to the owner or consignee upon the execution by

him of a good and sufficient bond providing for the payment of such

liquidated damages in the event of default as may be required pursuant to

the regulations of the Customs & Quarantine Agency. If it appears to the

Director that an article included within the provisions of clause (3) of

Subsection (a) of this Section can, by relabeling or other action, be brought

into compliance with this Chapter or rendered other than a food, drug,

device or cosmetic, final determination as to admission of such article may

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be deferred and, upon filling of timely written application by the owner or

consignee and the execution by him of a bond as provided in the preceding

provisions of this Subsection, the Director may in accordance with

regulations, authorize the applicant to perform such relabeling or other

action specified in such authorization (including destruction or export of

rejected articles or portions thereof, as may be specified in the Director's

authorization). All such relabeling or other action pursuant to such

authorization shall in accordance with regulations be under the supervision

of an officer or employee of the Department of Public Health and Social

Services designated by the Director or an officer or employee of the

Department of Commerce, Customs and Quarantine designated by the

Director of that Department.

(d) All expenses (including travel, per diem or subsistence, and salaries

of officers or employees of the government of Guam) in connection with the

destruction provided for in Subsection (b) of this Section and the supervi-

sion of the relabeling or other action authorized under the provisions of

Subsection (c) of this Section, the amount of such expenses to be

determined in accordance with regulations, and all expenses in connection

with the storage, cartage or labor with respect to any article refused

admission under Subsection (b) of this Section, shall be paid by the owner

or consignee and in default of such payment shall constitute a lien against

any future importations made by such owner or consignees.