Chapter 62

5 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 1 CHAPTER 62 FARMS & EXTENSION SERVICES Article 1. Experimental Farms. Article 2. Agricultural Extension Service. ARTICLE 1 EXPERIMENTAL FARMS § 62101. Experimental Farms Authorized. § 62102. Soil & Water. § 62103. Crop Plants & Their Care. § 62104. Breeding & Care of Livestock. § 62104.1. Domestication of Guam Deer, Wild and Fer al Pigs and Feral Asiatic Water Buffalo (Carabao) as Livestock. § 62104.2. Standards of Care for Livestock. Definit ions. § 62104.3. Standards of Care for Livestock. § 62104.4. Regulations. § 62104.6. Penalties. § 62105. Agricultural Equipment & Methods. § 62106. Harvesting and Marketing. § 62101. Experimental Farms Authorized. The Department shall maintain and operate experimen tal farms at such places in Guam as it shall deem desir able for the purpose of developing, testing and demonstrating cr ops and livestock, soil and water usage and conservation, a nd methods and equipment to improve and promote the agricultur al economy of Guam. The type, scope and manner of such work sh all be determined by the Director in accordance with the p rovisions of this Article.

nd equipment to improve and promote the agricultur al economy of Guam. The type, scope and manner of such work sh all be determined by the Director in accordance with the p rovisions of this Article. The Director is hereby authorized to sell at prevai ling market prices crops and livestock and other product s which are surplus to the needs of the Department. SOURCE: GC § 12200 added by P.L. 3-103. All SOURCE referen ces in this Article will be to P.L. 3-103 unless otherwise noted. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 2 § 62102. Soil & Water. The Department shall make studies of ways and means to reduce the erosion and wastage of soil of all areas of Guam and to improve the physical nature and fertility of cro p and pasture soils. It shall give attention to ways and means of retaining and supplying soil water for crops during drought perio ds and to the drainage of wet soil. SOURCE: GC § 12201. § 62103. Crop Plants & Their Care. The Department shall develop and test new and impro ved fruit, vegetable, forage and other plants as to the ir growth and productivity under conditions existing in Guam.

03. Crop Plants & Their Care. The Department shall develop and test new and impro ved fruit, vegetable, forage and other plants as to the ir growth and productivity under conditions existing in Guam. It shall propagate plants and collect seeds and shall make t hem available for planting by farmers and public agencies at a pr ice fixed by the Director. SOURCE: GC § 12202. § 62104. Breeding & Care of Livestock. In order to improve the quality of livestock on Gua m, the Department is authorized to select animals from amo ng island livestock, and, when necessary, it may import such animals. Im- proved breeding stock shall be kept by the Departme nt for use by farmers upon payment of a reasonable stud mating fe e to be determined by the Director. The Director shall have the authority to require that progeny of such breeding shall be u sed by farmers to improve their stock. SOURCE: GC § 12203. § 62104.1. Domestication of Guam Deer, Wild and Fer al Pigs and Feral Asiatic Water Buffalo (Carabao) as Livest ock. Residents of Guam are authorized to raise Guam deer , wild and feral pigs, and feral Asiatic water buffalo (ca rabao) as livestock.

er al Pigs and Feral Asiatic Water Buffalo (Carabao) as Livest ock. Residents of Guam are authorized to raise Guam deer , wild and feral pigs, and feral Asiatic water buffalo (ca rabao) as livestock. Nothing herein shall prevent residents of Guam from raising Guam deer, wild and feral pigs, and feral A siatic water buffalo (carabao) as pets; however, all laws, rules and regulations that apply to raising game as livestock shall apply to raising Guam deer, wild and feral pigs, and feral A siatic water buffalo (carabao) as pets. SOURCE: Added by P.L. 25-186:2. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 3 § 62104.2. Standards of Care for Livestock. Defini tions. (a) Care to look after; to provide for. (b) Health a state of complete physical, mental, and social well being and not merely the absence of disease or infirmity, relative to each individual. (c) Livestock cattle, carabao, swine, deer, sheep, goats, equine and poultry raised for labor, food or other purposes. SOURCE: Added by P.L. 25-186:3. § 62104.3. Standards of Care for Livestock. The following general standards of care apply to th e keeping of all livestock and poultry: (a) Care in General.

purposes. SOURCE: Added by P.L. 25-186:3. § 62104.3. Standards of Care for Livestock. The following general standards of care apply to th e keeping of all livestock and poultry: (a) Care in General. Animals shall be housed or kep t and provided with food, water and care, in a manner which, having regard to their species and to their degree of development, adaptation and domestication is approp riate to their physiological and ethological needs in accord ance with established experience and scientific knowledge. (b) Specific Elements of Care. In addition to Subsection (a), the lighting, temperature, humidity , air circulation, ventilation and other environmental co nditions, such as gas concentration or noise intensity, shall conform to the animals physiological and ethological needs in accordance with established experience and scientif ic knowledge. (c) Provision of Food and Liquid. No animal shall b e provided with food or liquid in a manner which may cause unnecessary suffering or injury. (d) Freedom of Movement. The freedom of movement appropriate to an animal, having regard to its spec ies and in accordance with established experience and scientif ic knowledge, shall not be

injury. (d) Freedom of Movement. The freedom of movement appropriate to an animal, having regard to its spec ies and in accordance with established experience and scientif ic knowledge, shall not be restricted in such a manner as to cause it unnecessary suffering or injury. (e) Transportation and Movement. No animal shall be moved or transported in a manner which may cause unnecessary suffering or injury. (f) Protection from the Environment. Where an anim al is continuously or regularly tethered or confined, it shall be COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 4 given protection from environmental hazards and spa ce appropriate to its physiological and ethological ne eds in accordance with established experience and scientif ic knowledge. (g) Capture of Wild, Feral and Stray Animals. No wi ld, feral or stray animal shall be captured in a manner which may cause unnecessary suffering or injury. (h) Inspections. The condition and state of health of animals shall be thoroughly inspected by the Depart ment of Agriculture at necessary intervals sufficient to av oid unnecessary suffering. (i) Release of Pigs.

s. The condition and state of health of animals shall be thoroughly inspected by the Depart ment of Agriculture at necessary intervals sufficient to av oid unnecessary suffering. (i) Release of Pigs. It shall be considered unlawfu l to release a pig, whether a captured feral pig or a pi g domesticated as a pet or livestock. Once in a perso n’s possession, pigs shall be either: (1) killed and disposed of in accordance with guidelines to be developed by the Director of the Department of Agriculture; (2) slaughtered, which shall mean killed for the purposes of obtaining the meat therefrom for human consumption; or (3) domesticated and cared for in accordance with this Chapter and accompanying rules and regulations . SOURCE: Added by P.L. 25-186:4. Subsection (i) added by P. L. 35- 106:4 (Oct. 30, 2020). § 62104.4. Regulations. The Department of Agriculture may promulgate additi onal rules and regulations pursuant to the provisions of the Administrative Adjudication Law as necessary or app ropriate to address specific concerns regarding standards of ca re for livestock. SOURCE: Added by P.L. 25-186:5. § 62104.5. Enforcement.

ns of the Administrative Adjudication Law as necessary or app ropriate to address specific concerns regarding standards of ca re for livestock. SOURCE: Added by P.L. 25-186:5. § 62104.5. Enforcement. The standards of care for livestock contained in 5 GCA § 62104.3, and any subsequent rules and regulations p romulgated under 5 GCA § 62104.4, shall be enforced by the Dep artment of Agriculture Veterinarian, Plant Protection and Quar antine COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 5 Officers, Conservation Officers, and any other offi cer or agent of the Department authorized by the Director in accord ance with 5 GCA § 60105. The standards and any subsequent regu lations may also be enforced by all peace officers identifi ed in § 5.55 of Title 8 of the Guam Code Annotated. SOURCE: Added by P.L. 25-186:6. § 62104.6. Penalties. Any violation of the provisions of § 62104.3, or su bsequent rules and regulations promulgated under § 62104.4, shall be a misdemeanor. Subsequent violations may result in t he forfeiture of the livestock involved. SOURCE: Added by P.L. 25-186:7. NOTE: Legislative Intent, found in P.L.

ulgated under § 62104.4, shall be a misdemeanor. Subsequent violations may result in t he forfeiture of the livestock involved. SOURCE: Added by P.L. 25-186:7. NOTE: Legislative Intent, found in P.L. 25-186:1 for §§ 62104.1 - .7 is: I Liheslaturan Guåhan finds that the enactment of P.L. 25-30 that authorized the raising of deer as livest ock also preserved the provisions of Guam law that allowed r esidents to keep deer as pets. Since the enactment of P.L. 25-30, I Liheslaturan Guåhan has found that the raising of deer both as pets and as livestock have identical standards a nd regulations regarding human and sanitary treatment of the animals. Therefore, provisions of law relating to raising of deer as pets are no longer needed. It is the intent of I Liheslaturan Guåhan to repeal the laws that allow residents to raise deer as pets in favor of those provisions enacted by Public Law Number 25-30 perta ining to raising deer as livestock. It is also the inten t of I Liheslaturan Guåhan to amend and add regulations to authorize the domestication of Guam deer, wild and feral pigs, and feral Asiatic water buffalo (carabao).

as livestock. It is also the inten t of I Liheslaturan Guåhan to amend and add regulations to authorize the domestication of Guam deer, wild and feral pigs, and feral Asiatic water buffalo (carabao). It is also the intent of I Liheslaturan Guåhan to amend and add regulations to authorize the trapping of Gu am deer, wild and feral pigs, and feral Asiatic water buffal o (carabao) for the purposes of domestication. § 62105. Agricultural Equipment & Methods. As a part of the experimental farms’ operations, an d in cooperation with individual farmers, the Department shall give attention to the introduction and testing of improv ed farm tools and machinery to increase the productivity of Guam farmers. Various methods of planting crops, controlling pest s and weeds, fencing, sheltering and feeding livestock, and othe r farm practices may be tested. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 6 SOURCE: GC § 12204. § 62106. Harvesting and Marketing. The Department shall make certain tests as to the b est manner and time of harvesting various crops and sla ughtering livestock, and of handling and storing such product s to assure good quality produce and home

nt shall make certain tests as to the b est manner and time of harvesting various crops and sla ughtering livestock, and of handling and storing such product s to assure good quality produce and home use and market. The D epartment may assist farmers in the development of sales for crop and livestock products. SOURCE: GC § 12205. ---------- ARTICLE 2 AGRICULTURAL EXTENSION SERVICE § 62201. Farm Advisors. § 62202. Seeds, Fertilizers & Pesticides. § 62202.1. Plant Nursery Revolving Fund § 62203. Rentals of Farm Equipment. § 62204. Rental from Private Companies. § 62205. Subsidy to Farmers. § 62206. License for Equipment Rental. § 62207. Rules. § 62208. Agricultural Clubs & Meetings. § 62209. Publications. § 62201. Farm Advisors. The Department shall employ one or more Farm Adviso rs who shall work directly with individual persons to disseminate information on improved practices, developed at the experimental farms, or obtained from other sources. The Advisors shall observe soil, crop, and livestock co nditions and shall report such conditions to the experimental fa rm staff as a guide to its program. SOURCE: GC § 12225 added by P.L. 3-103.

s. The Advisors shall observe soil, crop, and livestock co nditions and shall report such conditions to the experimental fa rm staff as a guide to its program. SOURCE: GC § 12225 added by P.L. 3-103. All SOURCE referen ces in this Article are to P.L. 3-103 unless otherwise noted. NOTE: P.L. 17-55:11, 12 established, pursuant to Federal law relating to the University of Guam’s status as a Land Grant College , an Agricultural Experiment Station. The laws governing it can be found in 17 GCA §§ 161 30-16132. § 62202. Seeds, Fertilizers & Pesticides. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 7 The Department is hereby authorized to procure and distribute, at cost, seeds, fertilizers, pesticides and other agricultural supplies and equipment, not readily av ailable to farmers from other sources in Guam. SOURCE: GC § 12226. § 62202.1. Plant Nursery Revolving Fund. (a) Notwithstanding any other provisions of law, th ere is hereby established the Plant Nursery Revolving Fund which shall be maintained separate and apart from any oth er funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith.

Nursery Revolving Fund which shall be maintained separate and apart from any oth er funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith. All f ees collected under the Department of Agricultures Fee Schedule f or plant nursery services and activities shall be deposited into said Fund. Deposits shall include, but are not limited to, pro ceeds from the sale of vegetable, fruit and other tree seedlings, and fees for grafting, air layering and seed propagation service s provided to farmers and interested parties. (b) The Plant Nursery Revolving Fund shall be used exclu- sively for plant nursery expenditures, including, b ut not limited to, the purchasing of nursery stocks, materials and supplies for grafting, air layering and seed propagation service s provided to farmers and interested parties. The certifying off icer for the Fund shall be the Director of the Department of Agr iculture. SOURCE: Added by P.L. 26-140:7. § 62203. Rentals of Farm Equipment. Heavy duty tractors, plows, and other such equipmen t may be owned and maintained by the Department, and may be used by or for individual persons for agricultural land

203. Rentals of Farm Equipment. Heavy duty tractors, plows, and other such equipmen t may be owned and maintained by the Department, and may be used by or for individual persons for agricultural land clearing and other agricultural purposes. The Director shall est ablish the rental fee to be paid for each use, and the procedu re for assigning, operating and maintaining such equipment . SOURCE: GC § 12227. § 62204. Rental from Private Companies. Heavy duty tractors, plows, and other such equipmen t may be leased from private companies licensed by the Di rector of Agriculture so long as the lessee shall use such he avy equipment for agricultural land clearing and other agricultur al purposes only. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 8 SOURCE: GC § 12227.1 added by P.L. 15-107:1. COMMENT: From both the section above and the section follow ing, it seems that the lessee referred to in this section i s the sub-lessee from the Department, not the Department, itself. § 62205. Subsidy to Farmers. The rental provided in § 62204, above, shall be sub sidized at the rate of fifty percent (50%) in accordance wi th rules and regulations promulgated by the

tment, itself. § 62205. Subsidy to Farmers. The rental provided in § 62204, above, shall be sub sidized at the rate of fifty percent (50%) in accordance wi th rules and regulations promulgated by the Director. SOURCE: GC § 12227.2 added by P.L. 15-107:1. § 62206. License for Equipment Rental. The Director shall, in accordance with rules and re gulations to be issued [by] him, license such private compani es to rent equipment in accordance with the provisions of § 62 204 through § 62207 and rules promulgated thereto. SOURCE: GC § 12227.3 added by P.L. 15-107:1. COMMENT: While the original public law omits by, the Compil er sees this omission as a mere typographical error. The Di rector of Agriculture is the one who issues the Regulations. They are not issued to him by some outside source. § 62207. Rules. The Director shall promulgate and disseminate print ed rules and regulations dealing with the subject matter of § 62204 through § 62207. SOURCE: GC § 12227.4 added by P.L. 15-107:1. § 62208. Agricultural Clubs & Meetings. Organization and growth of 4-H Clubs and other agricultural youth organizations shall be promoted by the Department.

URCE: GC § 12227.4 added by P.L. 15-107:1. § 62208. Agricultural Clubs & Meetings. Organization and growth of 4-H Clubs and other agricultural youth organizations shall be promoted by the Department. The Department is authorized to conduct and participate in agricultural exhibits, former instit utes and other similar programs which will increase the interest a nd ability of the people of Guam in agriculture. SOURCE: GC § 12228. § 62209. Publications. The issuance of agricultural information through publications, as approved by the Director, either b y free distri- bution or at a price to be determined by the Direct or, is hereby authorized. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 62 FARMS & EXTENSION SERVICES 9 SOURCE: GC § 12229. NOTE: Section 12230 (added by P.L. 3-103) and §§ 12230.1 - .2 (added by P.L. 12-169), all relative to the Farmers’ Marke t, were repealed by P.L. 14-154 which established the Public Market, th us rendering the Farmers’ Market, as established in the earlier laws , obsolete. ----------- COL5/19/2021