Guam § 50110 - Prohibited Acts.

§ 50110. Prohibited Acts.

(a) It shall be unlawful for any person to import, distribute,

sell, or offer for sale in Guam:

(1) Any pesticide or device which is not registered with

USEPA or whose registration has been cancelled or

suspended;

(2) Any pesticide that is misbranded;

(3) Any pesticide that is not produced in an EPA

registered pesticide-producing establishment;

(4) Any registered pesticide if the composition differs

from its registered composition at the time of its distribution

or sale;

(5) Any registered pesticide if the claims made for it or

any of the directions for its use differ in substance from the

representations made in connection with its registration

under this Chapter or FIFRA;

(6) Any pesticide that is not in the producer’s, re-filler’s,

registrant’s, or the manufacturer’s original unbroken

immediate container;

(7) Any restricted pesticide to any person other than a

certified pesticide applicator or licensed dealer;

(8) Any pesticide whose coloration is not in conformity

with under this Chapter;

(9) Any pesticide which is adulterated or misbranded;

(10) Any pesticide in any manner that has been

suspended or banned;

(11) Any experimental use pesticide that has not been

registered with U.S. EPA and Guam EPA; or

(12) Any pesticide that has not been registered under the

special local needs provisions of this Act.

(b) To use, apply, store, transport, mix, dispose, discard or

supervise the use of an application of a pesticide or device

inconsistent with its labelling or restrictions imposed by the

Administrator.

(c) To use, store, transport, mix, dispose or discard any

pesticide or the containers of any pesticide or device in any

manner that could have adverse effects on the environment.

(d) To use, store, transport, mix, apply, or as determined by

GEPA, improperly dispose or discard any pesticides or devices

that are not registered with USEPA

(e) To use, store, transport, mix, dispose or discard any

pesticide or device which is under an experimental use permit

inconsistent to the provision of such permit.

(f) To use, store, transport, mix, dispose, discard or apply any

restricted pesticide or device unless the person is a certified

pesticide applicator or is acting under the immediate supervision

and control of a current certified pesticide applicator with a valid

certificate issued pursuant to regulations adopted under this

Chapter.

(g) To use, store, transport, mix, dispose, discard or apply

any pesticide or device in any manner that has been suspended or

banned pursuant to this Chapter or any pesticide whose

registration has been cancelled or suspended by USEPA or an

experimental use permit or special local need registration that has

been cancelled or suspended by the Agency.

(h) To detach, alter, deface or destroy, in whole, or in part,

any label or alter any labelling of the pesticide or device unless

such action is taken with the approval of the Administrator to

correct an improper label or labelling.

(i) To add any substance to or take any substance from a

pesticide or device in a manner that may defeat the purpose of this

Chapter, unless the pesticide in question is properly registered as

required under FIFRA and the establishment where the pesticide

is produced is registered as required under FIFRA.

(j) To use for a person's own advantage or to reveal any

information relative to formulas of products acquired in the

administration of this Chapter to persons other than to proper

officials or employees of the Agency, or any courts in response to

a subpoena or to physicians or in emergencies to pharmacists and

other qualified persons for use in the preparation of practical

treatment.

(k) To falsify any report or record required to be made or

maintained or to fail to file reports required by the Agency.

(l) To submit to the Agency data known to be false.

(m) To violate any provision of this Chapter or any rule,

regulation, standard, permit, certificate, license or order issued

pursuant to this Chapter.

(n) Violate any rule, regulation, standard, or order issued or

promulgated by USEPA under FIFRA.

(o) To use, store, transport, mix, dispose or discard a

pesticide in any way inconsistent with the Federal Worker

Protection Standards (WPS) found at 40 CFR Part 170 and under

this Chapter.

(p) To import any pesticides to Guam without an approved

Notice of Arrival (NOA) prior to the arrival of the pesticide

product.