Guam § 50102 - Definitions.

§ 50102. Definitions.

As used in this Chapter unless the content clearly requires

otherwise:

(a) Active Ingredients shall mean:

(1) In the case of a pesticide other than a plant

growth regulator, defoliant or desiccant, an ingredient

which will prevent, destroy, repeal or mitigate any pest;

(2) In the case of a plant growth regulator, defoliant

or desiccant, an ingredient which, through physiological

action, will accelerate or retard the rate of growth or rate

of maturation or otherwise alter the behavior of

ornamental or crop plants or the produce thereof.

(b) Administrator shall mean the Administrator of the

Guam Environmental Protection Agency.

(c) Adulterated shall apply to any pesticide if its strength

or purity falls below the professed standard of quality as

expressed on its labeling under which it is sold, or if any

substance has been substituted or abstracted wholly or in part

for the pesticide, or any valuable constituent of the pesticide

has been wholly or in part abstracted.

(d) Agency shall mean the Guam Environmental

Protection Agency.

(e) Agriculture Commodity shall mean any and all plants

and animals produced in Guam for commercial purposes (not

for personal consumption).

(f) Animal shall mean all vertebrate and invertebrate

species, including, but not limited to, man and other

mammals, birds, fish and shellfish.

(g) Board shall mean Board of Directors of the Guam

Environmental Protection Agency.

(h) Carrier shall mean every description of craft,

whether aircraft, surface craft or other contrivance used or

capable of being used as a means of transportation in the air

or water. The person responsible for the carrier shall be the

owner, or his agent, including the operator having the

command of the carrier.

(i) Certified Pesticide Applicator shall mean any

individual who is certified under regulations promulgated

under this Chapter to use or to supervise the use of restricted

use pesticides, and shall include, but not be limited to:

(1) Private applicator shall mean a certified

applicator who uses or supervises the use of any

pesticide which is classified for restricted use for

purposes of producing any agricultural commodity on

property owned or leased by the applicator or the

applicator's employer or (if applied without

compensation other than trading of personal services

between producers of agricultural commodities) on the

property of another person;

(2) Commercial applicator shall mean an

applicator who uses or supervises the use of any

pesticide which is classified for restricted use for any

purpose or on any property other than as provided in 9

(a).

(j) CFR shall mean the Code of Federal Regulations.

(k) Core Training shall mean the prerequisite training

toward having a certified pesticide license for application of

restricted use pesticides or for applying general use

pesticides as required under §50107 (d) of this Act.

(l) Custom Officer shall mean the Chief of Customs

under the Customs and Quarantine Agency or his authorized

representative.

(m) Defoliant shall mean any substance or mixture of

substances intended to cause the foliage to drop from a plant,

with or without causing abscission.

(n) Desiccant shall mean any substance or mixture of

substances intended for artificially accelerating the drying of

plant tissues.

(o) Device shall mean any instrument or contrivance

(other than a firearm) intended for trapping, destroying,

repelling or mitigating pests or any other form of plant or

animal life; but not including equipment used for the

application of pesticides when sold separately.

(p) Environment includes water, air, land and animals

living therein, all plants and man and the interrelationships

which exist among them.

(q) Experimental Use Permit shall mean a permit

which is issued by the Administrator only for bona fide

research programs under the supervision of public officials.

(r) Facility shall mean a farm, building, room,

nursery, golf course, landscaper, or any other type of location

where pesticides are stored, used, sold, or disposed of.

(s) FIFRA shall mean the Federal Insecticide,

Fungicide, Rodenticide Act and its amendments.

(t) Fungus shall mean all nonchlorophyll-bearing

thallophytes including rusts, smuts, mildews, molds and

yeasts, except those on or living in man or other animals and

those on or in processed foods, beverages or pharmaceutical.

(u) General Use Pesticide shall mean a pesticide other

than one designated as a restricted pesticide.

(v) Imminent Hazard shall mean a situation which

exists when the continued use of a pesticide during the time

required for cancellation proceedings would likely result in

unreasonable adverse effects on the environment, or would

involve unreasonable hazards to the survival of a species

declared endangered by the Secretary of the Interior under

the Federal Endangered Species Act or the Endangered

Species Act of Guam, Title 5 GCA, Chapter 63, Article 2,

and their amendments.

(w) Importer shall mean the person who initially

receives incoming pesticides to Guam.

(x) Importation shall mean importing or bringing of

chemical pesticides or devices.

(y) Inert Ingredient shall mean an ingredient which is

not an active ingredient and as such does not act as a

pesticide.

(z) Ingredient Statement shall mean:

(1) A statement of the chemical name and common

name where applicable of each active ingredient,

together with the name and percentage of each and the

total percentage of inert ingredients, if any, in the

pesticide;

(2) Whenever the pesticide contains arsenic in any

form, a statement of the percentages of total and water

soluble arsenic, each calculated as elementary arsenic.

(aa) Insect shall mean invertebrate animals belonging to

the class Insecta including, beetles, bugs, bees, flies and other

allied classes of arthropods, including spiders, mites, ticks,

centipedes and wood lice.

(bb) Label shall mean the written, printed or graphic

matter on or attached to the pesticide or device, or any of its

containers or wrappers.

(cc) ‘Labeling’ means all labels and other written,

printed or graphic matter accompanying the pesticide or

device at any time or to which reference is made on the label

or in literature accompanying the pesticide or device, except

for current official publications of the U.S. Environmental

Protection Agency, the United States Department of

Agriculture, the United States Department of Interior, the

United States Department of Health, Education and Welfare,

the state experiment stations, the state or territorial

agriculture colleges or other similar Federal, state or

territorial institutions or agencies authorized by law to

conduct research in the field of pesticides.

(dd) Misbranded shall mean any pesticide or device if:

(1) Its labeling bears any statement, design or

graphic representation relative thereto or to its

ingredients which is false or misleading in any

particular;

(2) It is contained in a package or other container

or wrapping which does not conform to the standards

established by the Board pursuant to §50108;

(3) It is an imitation of and is offered for sale under

the name of another pesticide or device;

(4) Its labeling does not bear the Federal

registration and establishment number for pesticides or

establishment number for pesticide devices;

(5) Any advertisement by means of newspaper,

leaflet, radio or television is false or misleading in any

particular;

(6) The labeling accompanying it does not contain

instructions for use which are necessary, proper and

adequate for the protection of the public;

(7) The label does not contain warning or caution

statements which may be necessary and if complied

with, together with any requirements imposed under