Guam § 221105 - Designation of Single Agency; Promulgation of

§ 221105. Designation of Single Agency; Promulgation of

Rules and Regulations.

(a) Designation. The Department of Public Health and Social

Services (‘DPHSS’) is hereby designated as the ‘single agency’

for Guam resulting from the Federal settlement. The DPHSS shall

be charged with the following responsibilities:

(1) maintaining a licensing procedure, such that any

business which sells tobacco products directly to consumers

would have to apply for a special license;

(2) conduct random, unannounced inspections at least

monthly to ensure compliance with no sales to minors;

(3) meet targets of a minimum of seventy-five percent

(75%), the percentage expressed as a percentage of all

random inspections in which the retailer refused sale of

tobacco to minors; and

(4) submit an annual report to the Food and Drug

Administration, to the Speaker of the Guam Legislature and

to the Governor of Guam concerning:

(A) detailed description of enforcement activities

undertaken;

(B) detailed description of Guam’s progress in

reducing availability of tobacco products;

(C) detailed description of methods used in

compliance checks and in identifying outlets which

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were tested;

(D) detailed description of strategies Guam intends

to use in succeeding years to make further progress; and

(E) identify a single agency responsible for

fulfilling the Act’s requirements.

(b) Promulgation of Rules and Regulations. The Director of

DPHSS is hereby directed to promulgate rules and regulations

regarding the implementation of the provisions of this Act,

including revising and creating forms and other documents, as are

necessary in accordance with the procedures prescribed by the

Administrative Adjudication Law.

2012 NOTE: In maintaining the general codification scheme of the GCA

the Compiler changed the hierarchy of subsections beginning with

“Lowercase Roman Numerals” to “Uppercase Letters” in subsection

(a)(4).