Chapter 66

COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 1CHAPTER 66 CHICKEN EGG REGULA TION § 66101. Definitions. § 66102. Inedible Eggs: Marketing Prohibited; Exception. § 66103. Standards, Grades & Size -Weight Classes. § 66104. Certification Service; Fee. § 66105. Labeling and Advertising. § 66106. Invoices. § 66107. Sanitation and Handling. § 66108. Right of Entry and Inspection. § 66109. Stop Sale Order and Seizure. § 66110. Exceptions: Producers; Shippers. § 66111. Rule Making. § 66112. Enforcement. § 66113. Penalty . § 66114. Injunction. § 66115. Private Reme dy. § 66116. Remedies Not Exclusive. § 66117. Judicial Review . § 66118. Severability . § 66119. Laws Repealed. § 66101. Definitions. As used in this Chap ter, unless the context clearly requires a differ - ent construction: (a) Consumer means any person who acquires eggs for consumption in his own household and not for resale. (b) Container means any box, case, basket, carton, sack, bag or other receptacle containing six eggs or more. (c) Department means the Department of Agricul ture. (d) Director means th e Dir ector of Agriculture.

means any box, case, basket, carton, sack, bag or other receptacle containing six eggs or more. (c) Department means the Department of Agricul ture. (d) Director means th e Dir ector of Agriculture. (e) Eggs means eggs in the shell that are the product of domesticated chickens. (f) Grade means specifications defining the limit of variation in quality of eggs in such a manner as to differentiate among classes of COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 2eggs, and the letter, number or other symbol by which reference thereto ma y be ma de. (g) Institutional consumer means a res taurant, hotel, boarding house, or any other business, facility , or place in which eggs are prepared or offered as food for use by its patrons, r esidents, inmates or patients. (h) Market means sell, offer for sale, give in the channels of commerce, barter, exchange or distribute in any manner. (i) Person means any individual, produc er, fir m,partnership, exchange, association, trustee, receiver, c orporation or any other entity and any member, officer, employee or agent ther eof. (j) Producer means a person who markets eggs of his own hens’ production.

change, association, trustee, receiver, c orporation or any other entity and any member, officer, employee or agent ther eof. (j) Producer means a person who markets eggs of his own hens’ production. (k) Retailer means any person who mar kets eggs to ultimate consumers. (l) Size-weight class means the size of eggs to be deter mined by weighing pursuant to standards or classifications for size which are adopted and promul gated by this Chapter . (m) Standard means specifications of the physical characteristics of any or all of the component parts of in dividual eggs. SOURCE: GC § 12500 added by P .L.11-205. Unless otherwise noted, all SOURCE referenc es in this Chapter will be to P .L. 11 -205. § 66102. Inedible Eggs: Marketing Prohibit ed; Exception . No person shall market any inedible eggs, as defined u nder the Federal Food, Drug and Cosmetic Act, as amended, or incubated eggs except that such inedible and incubated eggs may be sold as commercial feed or for other commer cial purposes than human consumption, provided such eggs shall be broken and denatur ed on the premises where produced, in a manner approved by the Department. SOURCE: GC § 12501. § 66103.

her commer cial purposes than human consumption, provided such eggs shall be broken and denatur ed on the premises where produced, in a manner approved by the Department. SOURCE: GC § 12501. § 66103. Standards, Grades & Size -Weig ht Classes. The Department shall establish, and from time to time, may amend or revise, stan dards, grades and size -weigh t classes for eggs marketed in COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 3this territory . In administering this section, the Department shall have due regard for the desirability of uniformity in the stan dards, grades and size - weight classes for eggs moving in intra -territory and interstate commer ce and shall, as far as practical, employ standards, grades or size -weight classes developed by the United States Department of Agriculture. Except as specifi cally provided in § 66110, the standards of quality , grades and the size -weight classes establish ed by the Department pursuant to this section shall apply to all eggs marketed in the territory by any person. SOURCE: GC § 12502. § 66104. Certification Service; Fee.

size -weight classes establish ed by the Department pursuant to this section shall apply to all eggs marketed in the territory by any person. SOURCE: GC § 12502. § 66104. Certification Service; Fee. (a) The Department shall, upon request, provide the services of a qualified eggs inspec tor to inspect and certify eggs produced within and imported into the territory as to specific grades, stan dards of quality , condition and size -weight classes required pursuant to § 66103. (b) The Department shall establish rules and regula tions with respect to the procedure for inspection and certification and assessment and collection of fees for requested inspection and certification; provided, however, the rate for such service shall not exceed Three Dollars and Fifty Cents ($3.50) per hour for each i nspector; provided, further, that producers having less two thousand (2,000) layers in production shall not be assessed any fee for the services under this section. (c) The inspection fee levied hereunder shall be paid by the person first marketing eggs wi thin the territory and such inspection and certification fee shall be paid but once on the same quantity of eggs so long as such eggs

ied hereunder shall be paid by the person first marketing eggs wi thin the territory and such inspection and certification fee shall be paid but once on the same quantity of eggs so long as such eggs remain in their original container . The inspec tion fee levied her eunder shall be deposited in the General Fund of the government of Guam. SOURCE: GC § 12503. § 66105. Labeling and Advertising. (a) The container in which any eggs are marketed in this territory shall bear prominently on the outside portion thereof the following information:COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 4(1) The grade of the eggs and the d ate when the eggs were graded; (2) The size -weight class of the eggs; (3) The word eggs; (4) The numer ical count of the eggs; (5) The na me and address of the packer, or if the packer is not located within the territory , the name and address of the dis - tributor; and (6) The country of origin of the eggs. (b) Eggs marketed in any manner other than in containers labeled in accordance with para graph (a) shall be kept in full view of prospec tive purchasers and shall have adjacent thereto, and prominently displ ayed, a sign or similar device

han in containers labeled in accordance with para graph (a) shall be kept in full view of prospec tive purchasers and shall have adjacent thereto, and prominently displ ayed, a sign or similar device bearing the information required by para graph (a) of this section. Any such sign or device shall bear letters and numbers of such character and size as shall be required by the Department pursuant to its rules and regulation s. (c) The term fresh eggs, or any legend, symbol, picture, representation or device declar ing or tending to convey the impression that the eggs are fresh may be applied only to eggs meeting the requirements of grade or grades estab lished by the Departme nt for fresh eggs and ma y not be applied to any eggs held in cold storage for more than thirty (30) days. (d) The terms Guam, locally produced, chada fresca, or any legend, symbol, picture, representation or device declaring or tending to convey the impres sion that the eggs are pro duced on Guam may be applied only to eggs produced in this Territory . (e) No label, container, display or adver tisement of eggs shall contain incorrect, fraudu lent or misleading representation.

ro duced on Guam may be applied only to eggs produced in this Territory . (e) No label, container, display or adver tisement of eggs shall contain incorrect, fraudu lent or misleading representation. No person shall advertise eggs fo r sale unless the unabbreviated grade, the size - weight class and the country of origin are conspicuously designat ed in block letters at least half as high as the tallest letter in the word eggs or the tallest figure in the price, whichever is larger . (f) Letters and numerals used to designate the grade and size -weight class of eggs marketed in containers shall be in clear, bold -faced type and of a size as shall be required by the De partment pursuant to its rules and COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 5regulations. Cartons, cases, crates, or other containers holding two or more smaller containers of eggs shall also be lettered and numbered in accor dance with the provisions of this paragraph. Any carton, case, crate, or other container which is reused shall upon such reuse have obliterated orremoved therefrom any labels, lettering, or other symbols or representations not applicable to the contents upon such reuse.

r other container which is reused shall upon such reuse have obliterated orremoved therefrom any labels, lettering, or other symbols or representations not applicable to the contents upon such reuse. (g) If eggs are stored for more than thirty (30) days after the date of grading, they shall not be marketed within the territory u nless, if the sale is to a retailer or institutional consumer, the fact of such cold storage is disclosed on the invoice for the transaction, and if the sale is to a consumer, the fact of such cold storage is disclosed on a sign or similar device prominen tly displayed adjacent to the eggs and kept in full view of prospective con sumers. The Department shall adopt such other rules and regulations as will insure that retail ers, institutional consumers and consumers are adequately informed as to the fact of such cold storage, including but not limited to the form of the invoice and rules governing the size of the sign and the size of the lettering on such sign. SOURCE: GC § 12504. § 66106. Invoices. Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the

gn. SOURCE: GC § 12504. § 66106. Invoices. Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the date of sale, name and address of the seller, name of purchasers, quantity , country of origin, grade and size -weight class of the eggs delivered. The invoi ce or a copy thereof shall be kept on file by the seller and the purchaser at their respec tive places of business for a period of at least sixty (60) days. SOURCE: GC § 12505. § 66107. Sanitation and Handling. (a) Any person assembling, transporting, mar keting, processing, storing or displaying eggs for marketing shall keep the eggs at a temperature not higher than forty -five degrees Fahrenheit (45 °F) nor lower than thirty -five degrees Fahr enheit (35 °F). Each storage or display facility shall be provided with an indicating thermometer accurate to plus or minus two degrees Fahrenheit ( ±2°F), located in the warmest part of the facility in which the eggs are stored or dis played and of such type and COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 6so situated so that the thermometer can be easily and readi ly

acility in which the eggs are stored or dis played and of such type and COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 6so situated so that the thermometer can be easily and readi ly ob served for reading. (b) Any container, including the packaging material therein or associated therewith, shall be clean, unbroken and free from foreign odor. (c) The Department shall by rules and regulations provide for the keeping, processing, trans porting and the marketing of eggs under sanitary conditions. (d) Nothing in this Chapter or in any rules or regula tions of the Department shall be con strued to exempt any persons or premises from the application thereto of any laws otherwise applicable a nd relating to the operation of estab lishments or facilities for the storing, transport ing, sale, distribution, preparation or serving of food. SOURCE: GC § 12506. § 66108. Right of Entry and Inspection. The Department, acting by any duly authorized off icer, employee, or agent, may enter on or into any premises or any vehicle where eggs are bought, stored, sold, offered for sale, pro cessed, or transported, or wher ein the Depart ment has reason to believe that any such activity

nter on or into any premises or any vehicle where eggs are bought, stored, sold, offered for sale, pro cessed, or transported, or wher ein the Depart ment has reason to believe that any such activity is carried on, in order to inspect and examine eggs, egg containers and any equip ment, facili ties or records pertinent to the conduct of activities subject to the provisions of this Chap ter or rules and regulations implementing the same, or to ascertain the state of compliance w ith any order issued by the Depart ment pursu ant to this Chapter . SOURCE: GC § 12507. § 66109. Stop Sale Order and Seizure. (a) If, after inspection, the Department determines that any eggs are being marketed, displayed, stored, processed or transported in violation of this Chapter, or rules or regulations imple ment ing the same, the Director may issue a Stop Sale Order as to such eggs, directed to the owner or custodian thereof. Such order shall specify the reason for its issuance and shall detail the c haracter of the violation. No eggs to which a Stop Sale Order applies shall be marketed until and unless the Order has been withdrawn.

shall specify the reason for its issuance and shall detail the c haracter of the violation. No eggs to which a Stop Sale Order applies shall be marketed until and unless the Order has been withdrawn. The Department shall withdraw a Stop Sale Order COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 7only upon its determina tion that the conditions leading to the issuance of the or der have been corrected. (b) Whenever the public interest requires, the Depart ment ma y take possession or custody of the eggs against which a Stop Sale Order has been issued and ma y com mence proceedings for the seizure thereof. Upon seizure and proof of violation the eggs shall be disposed of in such manner as may be consistent with the public safety and interest. The owner or custodian of the eggs shall not be entitled to any compensa tion or da mages on account of such seizure or disposition. SOURCE: GC § 12508. § 661 10. Exceptions: Producers; Shippers. (a) Producers marketing eggs directly to a consumer and to other premis es wher e produced only are excepted from the coverage of this Chapter .

GC § 12508. § 661 10. Exceptions: Producers; Shippers. (a) Producers marketing eggs directly to a consumer and to other premis es wher e produced only are excepted from the coverage of this Chapter . (b) All types of shippers marketing eggs to a first receiver within the territory who will grade them into the proper grade and size -weight class befor e reselling are excepted from the coverage of this Chapter . SOURCE: GC § 12509. § 661 11. Rule Making. The Department may , subject to the Administrative Adju dication Act, ma ke and amend, from time to time, such rules and regulations as may be necessary to adminis ter and implement the provisions of this Chapter . SOURCE: GC § 12510. § 661 12. Enforcement. The Department is empowered through its authorized offic ers, employees, agents and inspectors to enforce the provisions of this Chapter and to have supervi sion and control of all officers in Guam enforcing this Chapter . SOURCE: GC § 12511. § 661 13. Penalty . COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 8Any person who violates any provi sion of this Chapt er or any rule or regulation issued pursuant thereto shall be guilty of a petty misdemeanor .

A GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 8Any person who violates any provi sion of this Chapt er or any rule or regulation issued pursuant thereto shall be guilty of a petty misdemeanor . SOURCE: GC § 12512, amended by P .L.13-187:111. § 661 14. Injunction. (a) The Department, acting by the Attorney General, may enforce any provision of this Chapter or any rule or regula tion issued pursuant thereto by bringing an action in the Superior Court for an injunc tion. (b) If the court issues an injunction under this section, it shall retain jurisdiction, and the action shall be continued, and in such cases the Attor ney General acting in the name of the Territory may upon a violation of the terms of an injunction, petition the court for recovery of civil penalties in the amount of One Thousand Dollars ($1,000) for each day in violation of the injunction. SOU RCE: GC § 12513. Reference to Island Court changed to Superior Court by authority of P .L. 12 -85. § 661 15. Private Remedy . (a) Whether he seeks or is entitled to damages or otherwise has an adequate remedy at law any person may bring an action in the Super ior Court to enjoin, in accordance with the principles of

emedy . (a) Whether he seeks or is entitled to damages or otherwise has an adequate remedy at law any person may bring an action in the Super ior Court to enjoin, in accordance with the principles of equity , any person who has violated, is violating, or is likely to violate the provisions of this Chapter or any rule or regulation issued pursuant thereto. (b) No security shall be required for the issuance of any restraining order or preliminary injunction in an action brought under this section. (c) In any action brought by a person under this section, the court may award, in addition to the relief provided in this section, reasonable attorney’ s fees and costs. SOURCE: GC § 12514. Island Court changed to Superior Court by authority of P.L.12-85. § 661 16. Rem edies Not Exclusive. The insti tution of proceedings for the application of any remedy available pursuant to this Chapter, or the issuance of any order on account thereof, or the imposition of any fine or penalty pursuant to this Chapter, shall not operate as a bar or limitation to the application of any remedy avail able pursuant to any other applicable law .COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION

his Chapter, shall not operate as a bar or limitation to the application of any remedy avail able pursuant to any other applicable law .COL1201065GCA GOVERNMENT OPERATIONS CH.66CHICKEN EGG REGULATION 9SOURCE: GC § 12515. § 661 17. Judici al Review . Any deter minations or final actions of the Department taken pursu - ant to or under color of this Chapter shall be reviewable in accordance with the Administrative Adjudication Act by a proceeding in the Superior Court, except that orders issued pursuant to § 66109(a) and the taking possession or custody of eggs or containers of eggs pursuant to § 66109(b) shall have the status of emergency actions necessary for the protection of the public health and shall not be subject to injunction or stay. SOURCE: GC § 12516. § 661 18. Severability . The provisions of this Chapter are severable, and if any of its provi - sions or their application to any person or circumstances shall be held unconstitution al or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions or applications of this Chapter which can be given effect with - out the invalid provision or applica tion.

ction, the decision of the court shall not affect or impair any of the remaining provisions or applications of this Chapter which can be given effect with - out the invalid provision or applica tion. SOURCE: GC § 12517. § 661 19. Laws Repealed. The provisions of this C hapter are cumulative and shall not b e construed to repeal any laws or parts of laws not in conflict herewith. SOURCE: GC § 12518. CROSS -REFERENCE: See 10 GCA Chapter 40 for the Guam Food, Drug and Cosmetic Act. ----------