Pago Pago, AMERICAN SAMOA — The Department of Legal Affairs, along with the director of the department’s Consumer Protection Bureau announced in a Notice of Intended Action, adding to the American Samoa Administrative Code current laws pertaining to the “Reconditioning of Products” that enter the territory.

The notice, issued Sept. 14, also revised requirements for Inspection and Calibration Fees at the Office of Weight and Measures, one of the bureaus within the Department of Legal Affairs.

Overseen by the director of the Consumer Protection Bureau, the Office of Weights and Measures ensures that weights and measures of every kind, instruments, and devices for weighing and measuring are correct and in full compliance with all physical and legal standards.

Additionally, the Office ensures that commodities being sold or bought in American Samoa are in compliance with all labeling, pricing, and unit measurement requirements.

Two senior ASG officials told Samoa News over the weekend that the “reconditioning” issue is very important to consumers as this ensures full compliance by importers and that the public is protected.

“Lawmakers have raised in the past concerns on labeling of imported products and the steps taken by the government, adopting what current laws say into our regulations, ensures consumer protection,” said the officials, who have served in ASG for 30-years.

RECONDITIONING/ RELABELING

A new section added to the Administrative Code is titled, “Reconditioning”, and it adopts provision of local law — ASCA 27.0611—  that provides, except as otherwise provided by regulation promulgated pursuant thereto, any package kept for the purpose of sale or offered or exposed for sale must bear on the outside of the package a definite, plain and conspicuous declaration in English or Samoan of:

•  the identity of the commodity in the package unless the same can easily be identified through the wrapper or container;

•  the quantity of contents in terms of weight, measure, or count;

•  the name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed.

Among the new provisions added to the regulation is that imported products in consumer/ commodity packaging shall be inspected at the point of entry by Customs and any authorized ASG department or agency. Inspections may also be done at any place of business where such product is sold, kept, repackaged, relabeled or manufactured locally.

And if any imported product in consumer/ commodity packaging appears to violate local law, the product will be detained at the port of entry or place of business in American Samoa and immediate notification will be made to the importer of record. Generally, violated imports will be directed to be returned to the place of origin or destroyed.

The new rule also outlined in detail other provisions of the new rule as well as the process involved in reconditioning of products.

“Recondition” means to bring a package or item into compliance, according to the notice.

INSPECTION

Also proposed is the increase in inspection costs and fees.

For example, scales, from 1 to 30 lbs. weight capacity, the fee increases from $5 to $20. And scale of 20,000 lbs. weight capacity hikes from $30 to $35.

According to the notice, also being proposed for fee hikes are the: “dry or liquid measures” and “linear measures”. The notice details proposed increases.

PUBLIC COMMENTS

A copy of the proposed amendments is available and may be picked up at the Office of the Attorney General, ask for Tuu Farani, at the A.P. Lutali Executive Office Building, or may be downloaded from the American Samoa Government website (www.americansamoa.gov).

Interested persons may submit written comments on the proposed amendments to the Office of the Attorney General on or before October 5, 2023.