Public Law 29-112 - An Act to amend §34301 and to repeal and re-enact §34302(a) and (b), all of Article 3 of Chapter 34, Title 10, Guam Code Annotated, relative to animal quarantine regulation

Felix P. Camacho Governor P.O. Box 2950 Hagatfia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: govemor@mail.gov.gu Michael W Cruz, M.D. Lieutenant Governor The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 2 6 AUG 2008 ~ V) ..., 0 I N Transmitted herewith is Bill No. 312(EC), "AN ACT TO AMEND §34301 AND TO REPEAL AND RE-ENACT §34302(a) AND §34302(b), ALL OF ARTICLE 3, CHAPTER 34, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO ANIMAL QUARANTINE REGULATION" which I signed into law on August 26, 2008 as Public Law 29-112. Sinseru yan Maglihet, q~ FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy of Bill cc: The Honorable Tina Rose Muna Barnes, Senator and Legislative Secretary ~ r--o~-e;,sl /"'", ~t~- , [l I MINA'BENTE NUEBI NA LIHESLATURAN GllAHAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAHAN This is to certify that Substitute Bill No. 312 (EC)., "AN ACT TO AMEND §34301 AND TO REPEAL AND RE-ENACT §34302(a) AND (b), ALL OF ARTICLE 3 OF CHAPTER 34, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO ANIMAL QUARANTINE REGULATION," was on the 14th day of August, 2008, duly and regularly passed. i a R se Mufi.a Barnes Senator and Secretary of the Legislature Judith T. Won Pat, Ed. D. Speaker This Act was received by I Maga'lahen Guahan this /S ~ day of OJ½ ; 2008, at z,:4y o'clock e .M. I Maga'lahen Guahan Date: ./II 4ps-f ~ Public Law No. 29-112 ssistant Staff Officer Maga'lahi's Office I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 312 (EC) As substituted by the Committee on Judiciary, Natural Resources, Infrastructure and Cultural Affairs and amended on the Floor. Introduced by: Frank T. Ishizaki James V. Espaldon R. J. Respicio Judith P. Guthertz, DPA Frank F. Blas, Jr. Edward J.B. Calvo B. J.P. Cruz Mark Forbes J. A. Lujan Tina Rose Mufia Barnes A. B. Palacios, Sr. v. c. pangelinan Dr. David L.G. Shimizu Ray Tenorio J. T. Won Pat, Ed.D. AN ACT TO AMEND §34301 AND TO REPEAL AND RE ENA CT §34302(a) AND (b), ALL OF ARTICLE 3 OF CHAPTER 34, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO ANIMAL QUARANTINE REGULATION. I BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that current animal quarantine laws are overly cumbersome to individuals visiting 4 or relocating to Guam. Often, travelers to Guam research requirements for I 1 bringing their pets to the island, only to be needlessly confused by antiquated 2 standards and confusing language. 3 I Liheslatura further finds that the World Health Organization and the 4 Centers for Disease Control and Prevention currently recognize Guam, among very 5 few jurisdictions in the world, as "rabies free." It is the intent of I Liheslaturan 6 Guahan to enhance efficiency and reduce confusion in animal quarantine 7 regulation, and still maintain a "rabies-free" designation through stringent 8 veterinary standards. 9 Section 2. §34301 of Article 3 of Chapter 34, Title 10 of the Guam Code 10 Annotated, is amended to read: 11 "§34301. Definitions. For the purposes of this Article: 12 (a) Carrier means any individual, partnership, corporation or any 13 other group or combination acting in concert which shall transport any 14 animal into, through or upon Guam. 15 (b) Designated inspection area means an area designated by the 16 Director of the Department of Agriculture. 1 7 ( c) Dog or cat means domestic species of dogs and cats only. 18 Nothing in this Act shall allow for the importation of pet wolves, foxes, 19 skunks, raccoons, civets, hyenas, weasels, and wolverines, animals of the 20 Order Marsupialia, including opossums, koalas, kangaroos or animals of the 21 Order Chiroptera, including bats. 22 ( d) Impoundment means strict confinement under restraint by leash, 23 cage or paddock upon premises specified by order of the Director. 24 (e) International Unit (LU.) means a unit of measure agreed upon 25 by scientists of a field. 2 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (t) Officer means a member of the Guam Police Department, a Mayor of Guam, or a person authorized by the Director. (g) OIE-FAVN means the World Organization for Animal Health Fluorescent Antibody Virus Neutralization test, a type of blood test used to determine the quantity of rabies antibodies in the bloodstream. (h) Quarantine means strict isolated impoundment. (i) Rabies means the acute infectious disease of the central nervous system caused by a filterable virus, most frequently transmitted by the bite of infected animals and commonly referred to as "hydrophobia". (j) Section 3. Titer means a concentration of a substance in a solution." §34302(a) and (b) of Article 3 of Chapter 34, Title 10 of the Guam Code Annotated, are repealed and re-enacted to read: "(a) Quarantine Unit. The Department of Agriculture shall maintain a dog or cat quarantine unit, provide and carry out a quarantine program to receive incoming dogs or cats upon arrival on the island, ensure that such dogs or cats are examined within twenty-four (24) hours upon arrival and twenty-four (24) hours prior to release from quarantine by a licensed veterinarian and provide for the health and well-being of such dogs or cats for the duration of their quarantine, including the administering of necessary immunization shots by a licensed veterinarian at the quarantine unit at the expense of the owner. (b )( 1) Quarantine of Dogs and Cats. All dogs and cats brought into Guam shall be subject to quarantine for a period of time approved by the Director pursuant to this Section. Requirements for the entry to and release from quarantine of dogs and cats brought into Guam, shall be a maximum of 3 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one hundred twenty (120) days. Any and all costs, including care and keep, shall be borne by the dog or cat owner. At the time of release from quarantine, the pet must have completed not less than two (2) properly documented inactivated rabies vaccinations, and the most recent rabies vaccination must be current. The pet must also be current for other routine vaccinations as established by the Territorial Veterinarian. (2) Quarantine Length. Pets that have received a properly implanted approved identification microchip and have a protective titer against rabies, as documented by a laboratory approved by the Director of Agriculture, may spend less than the full one hundred twenty ( 120) days in enforced quarantine. The quarantine period is calculated from the date the blood arrives at the approved laboratory. If the animal receives an import permit and arrives on Guam before the one hundred twenty (120) days has passed, the animal may be allowed to spend only those remaining days in enforced quarantine, rather than the full one hundred twenty ( 120) days. If one hundred twenty (120) or more days have passed since the blood with a protective titer arrived at the laboratory, and if all other requirements have been met, the animal must complete on Guam a quarantine period of five (5) days or less and a physical examination by a veterinarian approved by the Director of Agriculture. The five (5) day or less quarantine program requires the following pre-arrival requirements for each pet before the pet may be released: (i) Vaccinations. Two (2) rabies vaccinations, with the last vaccination administered no more than twelve (12) months prior to arrival if a one ( 1) year vaccine was administered, or not 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more than thirty-six (36) months prior to arrival if a three (3) year or longer vaccine was administered. The two (2) vaccinations may not be administered within thirty (30) days of each other; and the last vaccine must be administered no less than thirty (30) days prior to the pet's entry into Guam. (ii) Microchip. A microchip approved by the Territorial Veterinarian for identification purposes must be implanted in the pet. (iii) Blood Serum Tests. Blood serum OIE-FA VN test results or the results of a test recognized by the World Organization for Animal Health as being able to determine levels of rabies antibodies must indicate a sufficient level of rabies antibodies. Such results shall be from a laboratory approved by the Director of Agriculture (iv) Pre-arrival Waiting Period. The pre-arrival waiting period determines the duration of enforced quarantine on Guam only for those properly vaccinated animals with an approved microchip and a properly documented protective titer against rabies. If such an animal arrives on Guam less than one hundred twenty ( 120) days after the blood arrived at the approved laboratory, then the animal must spend the remaining days in enforced quarantine on Guam unless the pet qualifies for the home quarantine option. ( v) Home Quarantine Option. After completing the initial five ( 5) days or less of enforced quarantine on Guam, those 5 1 animals with a high titer of protective rabies antibodies ( at least 2 twice the minimum titer of 0.05 LU. per milliliter of blood) may 3 complete the remainder of the post-arrival quarantine at home, 4 provided the animal originated in the United States, or has been 5 screened by a military veterinarian prior to arrival on Guam, and is 6 in compliance with items (i) through (iv) of this Subsection. The 7 owner must keep the pet isolated from other animals during this 8 time. Failure to do so can result in the pet being placed in 9 enforced quarantine for the remainder of the quarantine period at IO the owner's expense. At the end of the home quarantine period, 11 the animal requires another physical examination by an approved 12 veterinarian for final release from quarantine. 13 (vi) Documentation Submission. Pet owners must submit 14 evidence of required vaccinations and blood serum tests at least ten 15 (10) days prior to the pet's arrival. These items must be sent 16 directly from the laboratory, not hand-carried by the pet owner. 1 7 The Department of Agriculture may require at any time within one hundred 18 twenty (120) days after arrival on Guam that results from off-island laboratory 19 tests be validated. If not confirmed to the satisfaction of the Department of 20 Agriculture, then the Department of Agriculture may, pursuant to rules and 21 regulations, place the pet in further quarantine or take other appropriate action. 22 The Department of Agriculture is authorized to promulgate rules and 23 regulations in accordance with this Subsection." 6