Chapter 68

5 GCA GOVERNMENT OPERATIONS CH. 68 PROCUREMENT OF LOCAL PRODUCTS 1 CHAPTER 68 PROCUREMENT OF LOCAL PRODUCTS SOURCE: This entire Chapter was added by P.L. 23-18:2 (May 30, 1995). § 68101. Procurement of Local Produce from Local F armers and Fish from Local Fishermen. § 68102. Budgeting & Payment System Required. § 68103. Farmers’ and Fishermen’s Preferences. § 68101. Procurement of Local Produce from Local F armers and Fish from Local Fishermen. (a) The Department of Agriculture shall, on a conti nuing basis, make every effort to ensure that the crops o f the farmers and the fish products of the fishermen of Guam are firs t procured by agencies of the government, such as Department of E ducation, Department of Youth Affairs, Department of Correcti ons, the Guam Memorial Hospital, and the Government House, u nless the farmer or fisherman has made previous arrangements for sale to other users. (b) The Department shall facilitate the negotiation of prices, amounts and availability of local produce and fish with the farmers and fishermen for the sale to other Governm ent Agencies and shall assist in securing payment from fiscal of ficers of the respective Agencies.

availability of local produce and fish with the farmers and fishermen for the sale to other Governm ent Agencies and shall assist in securing payment from fiscal of ficers of the respective Agencies. The Department shall provide the necessary advice and assistance to ensure that the crops and fishes are delivered to the particular agency in the best poss ible condition. All participating Government of Guam Agencies are m andated to give preference to local farmers and fishermen prio r to purchasing from off island and other markets or fishing indust ries owned by foreign countries. (c) The Director shall adopt operational procedures relative to establishing a list of qualified local farmers a nd fishermen and to assist those qualified local farmers and fisherm en in establishment of pricing, variety, quantity, qualit y, availability, and other related logistics to facilitate acquisiti on of local produce and fish by other Government Agencies consistent wi th the needs of those agencies. COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 68 PROCUREMENT OF LOCAL PRODUCTS 2 (d) Farmers intending to sell locally grown produce or aquaculture products to government agencies, privat e companies,

. COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 68 PROCUREMENT OF LOCAL PRODUCTS 2 (d) Farmers intending to sell locally grown produce or aquaculture products to government agencies, privat e companies, or private citizens must be registered with the Dep artment of Agriculture as a certified bona fide farmer. Farmer s selling produce or products to private consumers must have the bona fide farmer certificate displayed in a conspicuous locat ion. Government agencies and private companies shall ver ify the bona fide farmer certification of the seller prior to th e purchase. Failure of farmers to comply with the provisions of this Se ction will result in the suspension or delayed certification by the D epartment of Agriculture. (1) Any eating, drinking, or food establishment as defined in Chapters 23 and 24 of Title 10, Guam Cod e Annotated, found purchasing local produce or aquacu ltural products from a farmer who is not certified by the Department of Agriculture as a bona fide farmer wil l be found in violation of this Chapter and shall be sub ject to suspension or revocation of its business license pu rsuant to the Business License Law.

tment of Agriculture as a bona fide farmer wil l be found in violation of this Chapter and shall be sub ject to suspension or revocation of its business license pu rsuant to the Business License Law. (2) For the purposes of this Section, 'bona fide f armer' shall be as defined in 5 GCA § 63801(b). SOURCE: A dded by P.L. 23-018:2 (May 30, 1995). Amended by P. L. 36-024:2 (May 12, 2021). 2021 NOTE: Subsection designations added and altered pursuant to authority granted by 1 GCA § 1606. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. § 68102. Budgeting and Payment System Required. All government of Guam agencies mentioned in § 6810 1 above, will include in their budget request a plan for the purchase of farm and fish products from local farmers and fi shermen, including a specific line item for local produce an d fish purchases in the budget digest incorporated in the respective agency's annual budget submission to I Liheslaturan Guåhan ; provide the Bureau of Statistics and Plans with quarterly

produce an d fish purchases in the budget digest incorporated in the respective agency's annual budget submission to I Liheslaturan Guåhan ; provide the Bureau of Statistics and Plans with quarterly information on actual purchases of local produce and fish; and provide th e Department COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 68 PROCUREMENT OF LOCAL PRODUCTS 3 of Agriculture with quarterly projections on procur ement of local produce and fish. No funds shall be expended for of f island purchases of farm or fish products unless preferenc e is first given to local farmers and fishermen. All participating a gencies are mandated to establish a system where payment for th ese products will be made in an expeditious manner with a minimu m delay of no longer than two (2) working days. The Department of Agriculture shall establish and maintain a computerized match making system which would provide the farmers and t he fishermen with a listing of prospective buyers, the products, and the amount needed. The Department shall also provide a listing of all farmers and fishermen to prospective buyers ind icating the types of produce and fish available, the quantity, and when the produce and

ount needed. The Department shall also provide a listing of all farmers and fishermen to prospective buyers ind icating the types of produce and fish available, the quantity, and when the produce and fish can be made available. SOURCE: Added by P.L. 23-18:2 (May 30, 1995), amended by P.L. 33- 093:3 (Nov. 9, 2015). § 68103. Farmers’ and Fishermen’s Preferences. Local farmers and fishermen shall be exempt from th e requirement of the Government of Guam local prefere nce laws which would disqualify them in the procurement proc ess. In addition, all local laws which outline the methods of procurement of local farm and fish products shall be reviewed a nd amended to provide methods for the purchase of local produce c ommodities. ---------- COL9/7/2021