5 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 1 DIVISION 6 AGRICULTURE CHAPTER 60 DEPARTMENT OF AGRICULTURE Article 1. General Provisions. Article 2. Organization & Administration of Departm ent of Agriculture. Article 3. Loan Funds. ARTICLE 1 GENERAL PROVISIONS § 60101. Title. § 60102. Definitions. § 60103. Provisions as Continuation of Prior Law. § 60104. Division Not Retroactive. § 60105. Enforcement Powers. § 60106. Entry for Inspection. § 60107. Violation. § 60108. Regulations. § 60109. Files Open to the Public. § 60110. Distribution and Publication. § 60111. Submission to Legislature. [Repealed] § 60112. Repeal by Later Laws. § 60113. Authority to Receive Money. § 60114. Plant Protection and Quarantine Revolving Fund Established. [Repealed] § 60101. Title. This Division of the Guam Code Annotated shall be k nown and be cited as the Agricultural Law. SOURCE: GC § 12000. NOTE: The original Title XIII of the Government Code was repealed by P.L. 3-103, the same law enacting this Chapter. The effective date of both the repeal and of this Chapter was August 1, 1956. All references to a Govt. Code section in the SOURCE references in this Divis ion will refer to P.L. acting this Chapter. The effective date of both the repeal and of this Chapter was August 1, 1956. All references to a Govt. Code section in the SOURCE references in this Divis ion will refer to P.L. 3-103 unless amended, repealed or reenacted by late r law. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 2 All references in the original Government Code to Title have been changed to Division so as to refer to the same subject matter as in th e original. § 60102. Definitions. The following definitions shall be used in interpre ting this Division: (a) Department means the Department of Agriculture of the government of Guam. (b) Director means the Director of the Department of Agriculture. (c) Person means any person, association, organization, partnership, business trust, or corporation. (d) Inspector or agent means Department employee or deputy authorized by the Director to carry out any power granted by this Division. (e) Agriculture means the growing, care and use of plants and animals, and includes acts and things re lated thereto. (f) Farmland means land in Guam used for agricultural purposes, including general farming, fruit growing, flower growing, and use of plants and animals, and includes acts and things re lated thereto. (f) Farmland means land in Guam used for agricultural purposes, including general farming, fruit growing, flower growing, grazing, dairying, the production of any o ther form of livestock or poultry, and any other form of agri cultural activity. It includes land required for an adequate farm dwelling and other essential farm buildings, roads, and wasteland. (g) Cooperative Association means a nonprofit association or farmers or fishermen organized under the Nonprofit Cooperative Association Act of Guam (18 GCA Chapter 13). SOURCE: GC § 12001. Subparts (f) and (g) added by P.L. 11- 119. § 60103. Provisions as Continuation of Prior Law. (a) The provisions of this Division, insofar as the y are substantially the same as existing [pre-August 1956 ] statutory provisions relating to the same subject matter, sha ll be construed as continuations thereof and not as new enactments. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 3 (b) All persons who, at the time this Division goes into effect [8/1/56], hold office under any of the laws repeale d by this Division, continue to hold the same NS CH. 60 DEPARTMENT OF AGRICULTURE 3 (b) All persons who, at the time this Division goes into effect [8/1/56], hold office under any of the laws repeale d by this Division, continue to hold the same according to th e former tenure thereof. (c) All rules and regulations promulgated under exi sting statutory provisions and authority [pre-Aug. 1956], which are not inconsistent with the provisions of this Division, shall continue in full force and effect as if they had been promulgat ed under the provisions of this Division. SOURCE: GC § 12002. § 60104. Division Not Retroactive. Any action or proceeding commenced before this Divi sion takes effect [8/1/56], and any right accrued theref or, is not affected by the provisions of this Division but all procedur e hereafter taken shall conform to the provisions of this Division as far as possible. SOURCE: GC § 12003. § 60105. Enforcement Powers. Any person in whom the enforcement of any provision of this Division is vested, has the power of a peace office r as to such enforcement. Whenever any power or authority is giv en by any provision of this Division to any person, it may be exercised by any deputy, inspector, or agent duly authorized eace office r as to such enforcement. Whenever any power or authority is giv en by any provision of this Division to any person, it may be exercised by any deputy, inspector, or agent duly authorized by the Director. SOURCE: GC § 12004. CROSS-REFERENCES: See 8 GCA § 5.55 relative to Peace Officers. § 60106. Entry for Inspection. Any person carrying out any power or authority gran ted him by this Division, in a manner prescribed herein or in a proper manner, may enter upon any premises to carry out hi s duties. SOURCE: GC § 12005. § 60107. Violation. (a) The Director of the Department of Agriculture, through the Administrative Adjudication Law, is hereby auth orized to enact schedules for penalties and citations that: COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 4 (l) do not exceed One Thousand Dollars ($1,000.00) per incident; and (2) allow any peace officer on Guam to issue a cita tion for a violation of Chapters 60 and 63 of Title 5 of the Guam Code Annotated, their supporting regulations and Pu blic Law 24-21 as appropriate. (b) (1) A citation issued pursuant to Chapters 60 a nd 63 of Title 5 of the Guam Code Annotated, their sup porting regulations ated, their supporting regulations and Pu blic Law 24-21 as appropriate. (b) (1) A citation issued pursuant to Chapters 60 a nd 63 of Title 5 of the Guam Code Annotated, their sup porting regulations and Public Law 24-21, shall be accompan ied by a notice to appear at the Traffic Court Division of the Superior Court of Guam. Failure of the person cited to appear as directed by the notice may subject him to furthe r penalties for contempt of court. (2) Violations of this Article shall be prosecuted in the Traffic Court Division of the Superior Court of Gua m, which shall impose the penalties created herein. Parents and legal guardians shall be responsible for any violations h ereof committed by minors under their custody. (c) All monies collected by the court for fines and penalties imposed hereunder shall be transferred to the Wildl ife Conservation Fund as described in § 63130 of Articl e 1, Chapter 63, Division 6 of Title 5 of the Guam Code Annotate d. The Superior Court shall render a quarterly report to t he Department of Agriculture reflecting defendants' names, addres ses and other identifying information regarding violators who hav e been ordered to remit fines and ll render a quarterly report to t he Department of Agriculture reflecting defendants' names, addres ses and other identifying information regarding violators who hav e been ordered to remit fines and penalties. The Superior Court shall create forms approved by the Director of the Depart ment of Agriculture for citations, record violations, provi de for the administration of the prosecution of violators and establish an orderly, secure and efficient procedure for the pro cessing of Natural Resource citations pursuant to Subsections (a) and (b) hereof. (d) The Director of the Department of Agriculture m ay enter into such written Memoranda of Understanding with t he Superior Court of Guam and other government of Guam agencies as are necessary to effectuate the purposes of this Act. (e) The Director of the Department of Agriculture may also COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 5 enact such regulations to effectuate the purposes o f this Act as are appropriate. The existing penalties as described in § 63129 of Chapter 63 of Title 5 of the Guam Code Annotated, P ublic Law 28-107, and their supporting regulations to include Public Law 24- 21 shall ppropriate. The existing penalties as described in § 63129 of Chapter 63 of Title 5 of the Guam Code Annotated, P ublic Law 28-107, and their supporting regulations to include Public Law 24- 21 shall remain in effect until the new schedule of penalties and citations is enacted. (f) Nothing in this Section shall nullify or modify any civil or criminal law enforcement powers, penalties or oblig ations granted by federal or local law to the Department of Agricu lture to punish offenses of the hunting and fishing laws of Guam, i ncluding, but not limited to, the right to perform searches and s eizures, to make lawful arrests and to seek and recover the forfeitu re of items employed by violators. SOURCE: GC § 12006 amended by P.L. 13-187:100; repealed/re enacted by P.L. 26-25:2. Amended by P.L. 28-174:2 (Jan. 29, 2007) § 60108. Regulations. Regulations dealing with quarantine, pest control, fishing, slaughtering dairy cattle and experimental dairy ca ttle, egg labeling, and meat inspection shall be formulated b y the Department and approved by the Director. If the Gov ernor approves such regulations, he shall promulgate them as Executive Orders. ttle, egg labeling, and meat inspection shall be formulated b y the Department and approved by the Director. If the Gov ernor approves such regulations, he shall promulgate them as Executive Orders. Regulations, including any amendment or rep eal thereof, shall be issued as follows: (a) Approval and promulgation by Executive Order of the Governor. (b) Filing of the original Executive Order with suc h officer of the Executive Branch of the government a s shall be designated by the Governor by Executive Order. Such officer is hereinafter referred to as the filing officer. (c) The filing officer shall indicate on the origin al of the Executive Order promulgating regulations the date a nd time of receipt thereof and affix his signature thereto. Such regulations shall thereupon become effective as of such date and time unless a subsequent date and time are prov ided in such regulations. SOURCE: GC § 12007 amended by P.L. 9-247. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 6 CROSS-REFERENCES: See 5 GCA Chapter 9, Administrative Adjudication Law, for the present procedure for pro mulgating rules and regulations. GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 6 CROSS-REFERENCES: See 5 GCA Chapter 9, Administrative Adjudication Law, for the present procedure for pro mulgating rules and regulations. NOTE: While 5 GCA § 9312 repeals all laws inconsistent w ith the Administrative Adjudication Law, of which that is t he final section, please be aware that this section was last amended after t he enactment of the initial 5 GCA § 9312. Section 9312 has been amended since the last amendment to this Section. Note further that, under 5 GCA Chapter 9, the filin g officer within the Executive Branch is the Compiler of Laws. § 60109. Files Open to the Public. The filing officer shall maintain a complete file o f all regulations which shall be open to public inspectio n during normal government business hours. SOURCE: GC § 12007.1. § 60110. Distribution and Publication. The filing officer may, to the extent funds are ava ilable, prepare and distribute copies of any regulations. T he Compiler of Laws shall publish effective regulations, promulgat ed as herein set forth as part of the Guam Administrative Rules and Regulations. SOURCE: GC § 12007.2 as amended by implication. . T he Compiler of Laws shall publish effective regulations, promulgat ed as herein set forth as part of the Guam Administrative Rules and Regulations. SOURCE: GC § 12007.2 as amended by implication. NOTE: For provisions concerning publication of all rules and regulations, see 5 GCA § 9304. § 60111. Submission to Legislature. [Repealed.] SOURCE: GC § 12007.3 added by P.L. 3-103; repealed by 5 GC A § 9312, eff. July 1, 1977. § 60112. Repeal by Later Laws. Subsequent enactment of any law inconsistent with a ny regulation promulgated under the provisions of § 60 108 of this Chapter shall have the effect of repealing such reg ulations. SOURCE: GC § 12008. § 60113. Authority to Receive Money. (a) The Department is authorized to receive monies derived COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 7 from all fees provided under this Division, from th e sale and rental of equipment, and from the sale of livestock, produ ce, fertilizers, plants, seeds, and pesticides. Such monies shall be promptly transmitted to the Treasurer of Guam, together with an accounting of the source from which such monies are derived, a nd deposited in the General Fund. , and pesticides. Such monies shall be promptly transmitted to the Treasurer of Guam, together with an accounting of the source from which such monies are derived, a nd deposited in the General Fund. (b) The Department is authorized to receive monies from fees associated with the processing and issuance of 'Clearing, Grading, and Construction Permits', and shall develop and adopt a fee schedule for such permits. Monies from the 'C learing, Grading, and Construction Permit' fees shall be deposited in the 'Plant Nursery Revolving Fund'. SOURCE: GC § 12009. Amended by P.L. 31-186:2 (Feb. 27, 20 12). CROSS-REFERENCES: See 5 GCA § 22108 for authorization to use revolving funds. The Department of Agriculture, and its program for the sale of seeds, is specifically mentioned in that se ction. Likewise, 5 GCA § 22108 provides the procedure for establishing such funds. § 60114. Plant Protection and Quarantine Revolving Fund Established. [Repealed.] SOURCE: Added as uncodified section by P.L. 26-140:4. As this is a permanent law. The Compiler added it here since the Director of Agriculture is the certifying officer for the fund. hed. [Repealed.] SOURCE: Added as uncodified section by P.L. 26-140:4. As this is a permanent law. The Compiler added it here since the Director of Agriculture is the certifying officer for the fund. This section previously numbered 60113 mistakenly by the Compiler (section 60113 being already occupied), thus renumbered to section 60114. This section was repealed by P.L. 28-52:1 (June 30, 2005) which provides: 'All sums remaining in the Department of Agricultur e’s Plant Protection and Quarantine Revolving Fund shall be transferred to the Department of Agriculture’s Guam Plant Inspection and Permit Fund . Section [60114] of Chapter 60 of Title 5 of the Guam Code Annotated sh all be repealed immediately following such transfer.' ---------- ARTICLE 2 ORGANIZATION & ADMINISTRATION OF DEPARTMENT OF AGRICULTURE § 60201. Organization. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 8 § 60202. Duties of Department. § 60203. Cooperative Agreements. § 60204. Veterinarian. § 60205. PAWS Volunteers. § 60201. Organization. The Director may arrange and classify the work of t he Department and may consolidate, abolish or create d ivisions thereof. s. § 60204. Veterinarian. § 60205. PAWS Volunteers. § 60201. Organization. The Director may arrange and classify the work of t he Department and may consolidate, abolish or create d ivisions thereof. The Director may prescribe duties of such assistants, deputies, agents and other persons as are employed in the Department. SOURCE: GC § 12025. § 60202. Duties of Department. The Department shall protect and promote the agricu ltural resources and economy of the Territory of Guam by r esearch, quarantine, control, conservation, and extension wo rk as authorized or required in this Division and in othe r laws. SOURCE: GC § 12026. § 60203. Cooperative Agreements. The Governor may enter into cooperative agreements with individuals and associations, and with agencies of the United States and United Nations, for the purpose of furth ering the Department’s program; provided, however, that no wi ldlife refuge, agricultural preserve or conservation reser ve shall be established in Guam unless approved and enacted und er Guam law. SOURCE: GC § 12027; R/R by P.L. 22-63:3 (12/6/93). § 60204. Veterinarian. uge, agricultural preserve or conservation reser ve shall be established in Guam unless approved and enacted und er Guam law. SOURCE: GC § 12027; R/R by P.L. 22-63:3 (12/6/93). § 60204. Veterinarian. The Department shall employ or otherwise have avail able for its use, a qualified veterinarian who shall perform such duties as are given him by law or regulation, or as prescribe d by the Director. SOURCE: GC § 12028. § 60205. PAWS Volunteers. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 9 (a) The Director of Agriculture is authorized to re cruit PAWS (Protecting Animal Welfare and Safety) volunteers t o assist the Guam Department of Agriculture in the enforcement o f the animal cruelty laws in Article 1 of Chapter 70, Title 9, G uam Code Annotated. The Director shall determine the types of circumstances in which volunteers are authorized to impound free-roaming, unleashed, or forfeited animals. (1) The volunteers are authorized to issue citation s and notices of violation for offenses committed under 9 GCA §§ 70.10 through 70.10.2. (2) The volunteers are also authorized to impound animals subject to 10 GCA § 34127, if exigent circu mstances are nd notices of violation for offenses committed under 9 GCA §§ 70.10 through 70.10.2. (2) The volunteers are also authorized to impound animals subject to 10 GCA § 34127, if exigent circu mstances are established by plain view. The Director shall e stablish identifying credentials, including, but not limited to, identification (ID) cards and badges, and the appro priate use thereof. (b) The Director shall establish procedures for rec ruitment and termination of volunteers and shall require cer tification, training, or education programs to be completed. No person required to register under 9 GCA Chapter 89, is eli gible to be a volunteer under this Section. (c) The Director may outsource the coordination and supervision of PAWS volunteers to the non-governmen tal organization that operates the animal shelter, or o ther not-for- profit animal protection organization. The agreemen t with said non-governmental organization to coordinate and sup ervise the PAWS volunteers may include, but not be limited to, (1) provisions for waivers of liability, (2) a code of standards, ethics and conduct, (3) limitations of authority, and training. nd sup ervise the PAWS volunteers may include, but not be limited to, (1) provisions for waivers of liability, (2) a code of standards, ethics and conduct, (3) limitations of authority, and training. (d) The Director may revoke a volunteer’s authority granted by this Section at any time and for any reason. The Department is not liable for any torts committed by said non-gove rnmental organization, its directors, members, employees, or volunteers. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 10 (e) Nothing herein is construed to limit the Depar tment’s ability to administer this program consistent with the laws of Guam, or the Guam Administrative Rules and Regulati ons (GARR), including, but not limited to, the provisio ns of 5 GCA Chapter 9 or 4 GCA Chapter 6. SOURCE: Added by P.L. 35-121:3 (Dec. 11, 2020). 2020 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. ---------- ARTICLE 3 LOAN FUNDS § 60301. Farmer’s and Fishermen’s Small Loan Revolv ing Fund.[Repealed.] § 60302. Classes of Loan. § 60303. Eligibility Requirement for Loans. § 60304. Security of Loans. § 60305. Conditions of Loan. § 60306. Farmer’s and Fishermen’s Small Loan Revolv ing Fund.[Repealed.] § 60302. Classes of Loan. § 60303. Eligibility Requirement for Loans. § 60304. Security of Loans. § 60305. Conditions of Loan. § 60306. Repayment and Refinancing. § 60307. Revolving Loan Fund Creation, etc. § 60308. Loan Payments. § 60309. Appropriation Authorized. § 60350. Cooperative Association Revolving Fund. § 60351. Loans to Cooperatives. § 60352. Board of Trustees. § 60353. Assets & Liabilities Transferred. § 60354. Farm Protection. § 60301. Farmer’s and Fishermen’s Small Loan Revolv ing Fund. [Repealed.] SOURCE: GC § 12010 added by P.L. 11-119 (Feb. 23, 1972). A mended by P.L. 20-105:1 (Oct. 16, 1989). Repealed by P.L. 36-071:13 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal, this provision stated in its e ntirety: There is hereby created the Farmer’s and Fishermen’ s Small Loan Revolving Fund (the 'Fund') to grant loans to farme rs and fishermen of COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 11 Guam. In granting such loans, the Director shall, s ubject to the Adminis- trative Adjudication Law, promulgate all rules and regulations necessary for the operation of the Fund; provided, CULTURE 11 Guam. In granting such loans, the Director shall, s ubject to the Adminis- trative Adjudication Law, promulgate all rules and regulations necessary for the operation of the Fund; provided, that loans granted under the Fund shall not exceed Fifty Thousand Dollars ($50,000) p er farmer or fishermen in either or both of the classes of loans in § 1201 0.1 below, and that interest charged on each loan shall not exceed four percent (4%) per annum. § 60302. Classes of Loan. The following classes of loan are hereby establishe d in granting loans: (1) Class A - Improvement of farm lands: (a) Improvement of far lands; (b) Purchases, construction or improvement of essential non-residential buildings on farm lands. (2) Class B - Farm operating loans: (a) Farm operating loans. To carry on and improve a farming, manufacturing or fishing operation, incl uding but not limited to: (1) Purchase of farm and fishing equipment, and livestock. (2) Payment of production, harvesting and marketing expenses including materials, supplies, labor and services. (3) Loans for manufacturing, establishing and developing agricultural products and processing plants, using products grown on Guam as the g expenses including materials, supplies, labor and services. (3) Loans for manufacturing, establishing and developing agricultural products and processing plants, using products grown on Guam as the principal ingredient. (b) Emergency loans. To provide immediate relief and rehabilitation to qualified farmers and fisherm en as follows: (1) In areas stricken by extraordinary rainstorms, winds, drought, tidal wave or other natural catastrophe. (2) On farmlands stricken by livestock disease epidemic and crop blights. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 12 SOURCE: GC § 12010.1 added by P.L. 11-119. Amended by P.L. 20- 105:1. § 60303. Eligibility Requirement for Loans. To be eligible for loans made under § 60301, an app licant shall be: (a) A qualified farmer or fisherman. (b) A citizen of the United States who has resided in Guam for at least three consecutive years. (c) Willing to carry out all recommended farm and fishing management practices. SOURCE: GC § 12010.2 added by P.L. 11-119. § 60304. Security of Loans. Mortgages. Any loan in excess of Five Thousand Dollars ($5,000 ) shall be secured by duly recorded first mortgage upon any of the OURCE: GC § 12010.2 added by P.L. 11-119. § 60304. Security of Loans. Mortgages. Any loan in excess of Five Thousand Dollars ($5,000 ) shall be secured by duly recorded first mortgage upon any of the following property within the territory: (1) Fee simple farmland. (2) Leaseholds of farmland where the lease has an unexpired term of at least two (2) years longer tha n the term of loan. (3) Crops, livestock and equipment. (4) Other chattels. SOURCE: GC § 12010.3 added by P.L. 11-119. Amended by P.L. 20- 105:1 (1989). NOTE: P.L. 20-105:3, an appropriation, also states, with regard to the Fund: In addition, the Fund shall consist of all moneys r eceived from any person or organization as compensation for services rendered or facilities supplied, and all p roceeds realized from the sale or other disposition of any equipment or supplies purchased with moneys from th e Fund. § 60305. Conditions of Loan. Every borrower who is granted a loan under § 60301 shall comply with the following conditions: COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 13 (a) Expend no portion of his loan for purposes othe r than those sanctioned by the Department of Agriculture. g conditions: COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 13 (a) Expend no portion of his loan for purposes othe r than those sanctioned by the Department of Agriculture. (b) Carry out recommended farm management practices, including the keeping of proper records. (c) Not sell or otherwise dispose of the mortgaged property except on written consent of the lender an d upon written conditions as may be prescribed by the lend er. (d) Undertake to pay, when due, all taxes, liens, judgments, or assessments which may be lawfully ass essed against the property mortgaged, together with costs and expenses of any foreclosure of such mortgage. SOURCE: GC § 12010.4 added by P.L. 11-119. § 60306. Repayment and Refinancing. (a) Loans made under § 60301 shall be repaid in acc ordance with a payment plan specified by the Department wit h payments applied first to the interest and then to the princ ipal. (b) Additional payments in any sums, or the payment of the entire principal may be made at any date within the time period of the loan. (c) The Department may, for satisfactory cause and at its discretion, extend the time within which the instal lment payment on the rincipal may be made at any date within the time period of the loan. (c) The Department may, for satisfactory cause and at its discretion, extend the time within which the instal lment payment on the principal may be paid for a period not to ex ceed one year. (d) For loans made for crops, poultry and livestock requiring six months or more before maturing or in production , the Department may defer the first payment of the princ ipal until the crop, poultry or livestock matures or is in product ion, but not to exceed one year. SOURCE: GC § 12010.5 added by P.L. 11-119. § 60307. Revolving Loan Fund Creation, etc. There is within the government of Guam a Board of T rustees of the Revolving Loan Fund, hereafter referred to a s the Board of Trustees, to consist of five members appointed by the Govern or, two of which must be bona fide farmers. A member of the Department of Agriculture shall be appointed by the Governor as COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 14 the Executive Secretary of the Board of Trustees wh o shall have no voting power. The members of the Board of Truste es shall elect one of its members as Chairman. CH. 60 DEPARTMENT OF AGRICULTURE 14 the Executive Secretary of the Board of Trustees wh o shall have no voting power. The members of the Board of Truste es shall elect one of its members as Chairman. The members shall r eceive no compensation. The duties of the Board of Trustees s hall be as follows: (a) To establish administrative loan policies; (b) To review and act on all loan applications; (c) To require periodic examination and audit of th e books and accounts of the Fund. The members of the Board of Trustees shall serve fo r a term of three years, except that the first two appointme nts shall serve for two years, the remaining three appointments sha ll serve for three years. Any vacancy occurring prior to the exp iration of the term for which the predecessor was appointed, shall be appointed for the remainder of such term. SOURCE: GC § 12010.6 added by P.L. 11-119; amended by P.L. 12-49. § 60308. Loan Payments. All loans shall be paid out on warrants signed by t he Director of Agriculture. SOURCE: GC § 12010.7 added by P.L. 11-119. § 60309. Appropriation Authorized. There is hereby authorized to be appropriated $350, 000 to the Farmers’ Small Loan Revolving Fund. rector of Agriculture. SOURCE: GC § 12010.7 added by P.L. 11-119. § 60309. Appropriation Authorized. There is hereby authorized to be appropriated $350, 000 to the Farmers’ Small Loan Revolving Fund. All assets and liabilities of the Farmers’ Small Loan Revolving Fund as establish ed by P.L. 9-121, as amended, are hereby transferred to the Fa rmers’ Small Loan Revolving Fund of this Article. SOURCE: GC § 12010.8 added by P.L. 11-119. § 60350. Cooperative Association Revolving Fund. There is hereby created a Cooperative Association R evolving Fund for the purpose of granting loans to farmers’ and fishermen’s cooperative associations. SOURCE: GC § 12011 added by P.L. 11-119. § 60351. Loans to Cooperatives. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 15 Loans may be granted to cooperative associations en gaged in production, marketing, purchasing, processing and p roviding farm business services, including: (a) Facility loans to purchase or improve land, bui ldings and equipment for an amount not to exceed $50,000 a nd a term not to exceed 20 years. (b) Operating loans to finance inventories of suppl ies, warehousing, and other normal operating expenses ldings and equipment for an amount not to exceed $50,000 a nd a term not to exceed 20 years. (b) Operating loans to finance inventories of suppl ies, warehousing, and other normal operating expenses fo r an amount not to exceed $35,000 and a term not to exce ed five years. SOURCE: GC § 12011.1 added by P.L. 11-119. § 60352. Board of Trustees. The Revolving Fund Loan Board of Trustees set forth in § 60307 shall administer the Fund in accordance with the provisions of § 60350 through § 60353 of this Chapter. SOURCE: GC § 12011.2 added by P.L. 11-119. § 60353. Assets & Liabilities Transferred. All assets and liabilities of the Guam Farmers Coop erative Association Revolving Fund as established by P.L. 9 -121 are hereby transferred to the Cooperative Association R evolving Fund established by this Article. SOURCE: GC § 12011.3 added by P.L. 11-119. § 60354. Farm Protection. A farm for purposes of this section shall be farmla nd used for bona fide agriculture, as defined in § 60102 of thi s Title. No person who is engaged in agricultural use of farmla nd may be forced or required to stop such farming activities because of changes in the usages of surrounding lands, nor bec ause of thi s Title. No person who is engaged in agricultural use of farmla nd may be forced or required to stop such farming activities because of changes in the usages of surrounding lands, nor bec ause of zoning changes. (a) Any farm, as defined above, shall be deemed a preferred use of the land and, for so long as the l and continues in production and continues to be used for agricult ural purposes, said land shall be considered authorized as a farming area not withstanding changes in zoning or changes COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 16 in the usage and characteristics of the neighborhoo d in which it is located. (b) Any farm which is authorized herein for agricul tural usage may continue to be used in a manner consisten t with the traditional agricultural uses of the land in th e past. (c) If a farm as defined herein has been used for agricultural purposes within the previous two (2) y ears, there shall be a rebuttable presumption that the usage of the land is continuous and that there has been no abandonment o f the farming operations on the land. ses within the previous two (2) y ears, there shall be a rebuttable presumption that the usage of the land is continuous and that there has been no abandonment o f the farming operations on the land. Any time the land i s not being used for agricultural purposes for two (2) consecut ive years, there shall be a rebuttable presumption that there has been an abandonment of the usage of the land for agricultur al purposes. (d) When land which was previously used for farming is no longer used for farming, and the agricultural op erations have been abandoned as defined herein, the land sha ll be subject to the zoning laws and restrictions on use to the same extent as if it had never been used for agricultura l purposes. The courts shall not order the cessation of agricul tural usage for a farm, as defined herein, on the basis of inco nvenience or discomfort which such usage may cause the neighb ors of adjoining property, if such usage was originally co mmenced in a lawful manner. (e) The provisions of this section do not override or supersede any existing laws which govern the use of pesticide or herbicide near populated areas. ge was originally co mmenced in a lawful manner. (e) The provisions of this section do not override or supersede any existing laws which govern the use of pesticide or herbicide near populated areas. (f) The definition of a farmer for the purpose of t his section shall be as defined by provision II.1 of th e Rules for Compensation to Farmers for Crop Damages in Section 2 of P. L. 22-64. SOURCE: Added by P.L. 23-29:2 (June 27, 1995). Amended by P.L. 36- 043:1 (July 20, 2021). NOTE: The Definitions referred to in subsection (f) stat es: Bona fide farmer shall mean a person registered wit h the Department who commercially grows for profit fruits , crops, ornamental, livestock, including aquaculture and/or COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 60 DEPARTMENT OF AGRICULTURE 17 similar products, who furnishes financial records t hat substantiate a claim to the Department’s satisfacti on and who is (a) a U. S. citizen, a permanent resident al ien or who has been a resident of Guam for the immediately preceding five (5) years or (b) a corporation or pa rtnership licensed to do business in Guam. ----------- COL1/11/2022
Guam Legal Code