American Samoa's Updated Pesticide Law Takes Effect February 4, 2025

January 23, 2025

On February 4, 2025, American Samoa’s newly updated Pesticide Act will take

effect. Recorded as Public Law 38-23, this new legislation was passed by the

38th Legislature of American Samoa and signed into law by Governor Lemanu

P.S. Mauga in December 2024. Once effective, it will become part of the

American Samoa Code Annotated, Title 24, Chapter 12.

It has been 46 years since the original American Samoa Pesticide Act of 1979

was enacted. According to the American Samoa Environmental Protection

Agency (AS-EPA), an update was necessary to bring the Territory in line with

modern advances in pesticide technology and to regulate increased pesticide

use. Public Law 38-23 now provides significant updates to the original Pesticide

Act and achieves three main goals.

First, Public Law 38-23 codifies AS-EPA’s authority to regulate pesticides in the

Territory. Under the original law, the American Samoa Department of

Agriculture was responsible for pesticide regulation, but this authority has been

delegated to AS-EPA since 1987, via executive orders and agreements. Today,

the AS-EPA works to ensure the Territory’s compliance with the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 et seq.) and

the federal regulations codified under 40 CFR 171. AS-EPA also serves as the

State Lead Agency for the certification of pesticide applicators in American

Samoa, and provides support for pesticide applicator training conducted by the

Cooperative Extension Service offered through the American Samoa

Community College. Under Public Law 38-23, AS-EPA’s authority to enforce

the pesticide laws of American Samoa is now clearly defined by statute.

Second, Public Law 38-23 updates local certification requirements for pesticide

applicators. These updates comply with mandatory federal requirements and

promote safe pesticide use in the Territory. Examples of the new certification

requirements include establishing a minimum age of 18 for private and

commercial applicators, and clearly defining the AS-EPA Director’s authority to

deny, suspend, revoke or modify a pesticide applicator’s certification.

Finally, Public Law 38-23 strengthens AS-EPA’s enforcement of pesticide laws

in the Territory. Pesticide technology has changed drastically since the Pesticide

Act was first adopted in 1979. With the increase of commercial farming over the

last decade, there has been an increase in illegal pesticides being imported into

the Territory. To be legal, a pesticide must be registered with the US EPA. AS-

EPA has also seen the repeated misuse of legal pesticides. To combat these

violations, Public Law 38-23 adds more tools to AS-EPA’s enforcement arsenal,

including: citations (AS-EPA may now cite a violator on the spot and set a

hearing date before the court); seizures (provides a framework for government

seizure of illegal pesticides); and penalties (updated civil and criminal penalties

ranging from $500 to $1,000 per violation).

Per AS-EPA Acting Director Edna Asalele Noga, “Public Law 38-23 provides a

much-needed update to the Territory’s pesticide framework. The new law

defines AS-EPA’s authority to regulate pesticides, brings the Territory into

compliance with federal certification standards, and strengthens pesticide

enforcement. This is critical legislation that will greatly benefit the human and

environmental health of our community.”

For more information on Public Law 38-23 or to report a pesticides violation,

please contact AS-EPA at 633-2304.