Guam § 40122 - Regulations.

§ 40122. Regulations.

(a) The authority to promulgate regulations for the efficient enforce-

ment of this Act is hereby vested in the Director. The Director is hereby

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authorized to make the regulations promulgated under this Act conform,

insofar as practicable, with those promulgated under the Federal Act.

(b) Hearings authorized or required by this Act shall be conducted by

the Director or such officer, agent or employee as the Director may

designate for the purpose.

(c) All pesticide chemical regulations and their amendments now or

hereafter adopted under authority of the Federal Food,

Drug and Cosmetic Act are the pesticide chemical regulations in this

Territory.

(d) All food additive regulations and their amendments now or

hereafter adopted under authority of the Federal Food, Drug and Cosmetic

Act are the food additive regulations in this Territory.

(e) All color additive regulations and their amendments now or

hereafter adopted under authority of the Federal Food, Drug and Cosmetic

Act are the color additive regulations in this Territory.

(f) All special dietary use regulations and their amendments now or

hereafter adopted under authority of the Federal Food, Drug and Cosmetic

Act are the special dietary use regulations in this Territory.

(g) All regulations and their amendments now or hereafter adopted

under the Fair Packaging and Labeling Act shall be the regulations in this

Territory. However, the Director may, if he finds it necessary in the interest

of consumers, prescribe packaging and labeling regulations for consumer

commodities, whether or not in accordance with regulations promulgated

under the Federal Act; provided, that no such regulations shall be

promulgated which are contrary to the labeling requirements for the

quantity of contents required pursuant to Section 4 of the Fair Packaging

and Labeling Act and the regulations promulgated thereunder.

(h) A Federal regulation automatically adopted pursuant to this Act

takes effect in this Territory on the date it becomes effective as a Federal

regulation. The Director shall publish all other proposed regulations in a

newspaper of general daily circulation. A person who may be adversely

affected by a regulation may, within thirty (30) days after publication of any

other regulation, file with the Director in writing objections and a request

for a hearing. The timely filing of substantial objections to a Federal

regulation automatically adopted stays the effect of the regulation. If no

substantial objections are received and no hearings are requested within 30

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(thirty) days after publication of a proposed regulation, it shall take effect

on a date set by the Director. The effective date shall be at least sixty (60)

days after the time for filing objections has expired. If timely substantial

objections are made to a Federal regulation within thirty (30) days after it is

automatically adopted or to a proposed regulation within thirty (30) days

after it is published, the Director after notice, shall conduct a public hearing

to receive evidence on the issues raised by the objections.

Any interested person or his representative may be heard. The Director

shall act upon objections by order and shall mail the order to objectors by

certified mail as soon after the hearing as practicable. The order shall be

based on substantial evidence in the record of the hearing. If the order

concerns a Federal regulation, it may reinstate, rescind or modify it. If the

order concerns a proposed regulation, it may withdraw it or set an effective

date for the regulation as published or as modified by the order. The

effective date shall be at least sixty (60) days after publication of the order.