Guam § 68101 - Procurement of Local Produce from Local Farmers

§ 68101. Procurement of Local Produce from Local Farmers

and Fish from Local Fishermen.

(a) The Department of Agriculture shall, on a continuing

basis, make every effort to ensure that the crops of the farmers and

the fish products of the fishermen of Guam are first procured by

agencies of the government, such as Department of Education,

Department of Youth Affairs, Department of Corrections, the

Guam Memorial Hospital, and the Government House, unless 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 Government Agencies

and shall assist in securing payment from fiscal officers 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 possible condition.

All participating Government of Guam Agencies are mandated to

give preference to local farmers and fishermen prior to purchasing

from off island and other markets or fishing industries owned by

foreign countries.

(c) The Director shall adopt operational procedures relative

to establishing a list of qualified local farmers and fishermen and

to assist those qualified local farmers and fishermen in

establishment of pricing, variety, quantity, quality, availability,

and other related logistics to facilitate acquisition of local produce

and fish by other Government Agencies consistent with the needs

of those agencies.

COL9/7/2021

(d) Farmers intending to sell locally grown produce or

aquaculture products to government agencies, private companies,

or private citizens must be registered with the Department of

Agriculture as a certified bona fide farmer. Farmers selling

produce or products to private consumers must have the bona fide

farmer certificate displayed in a conspicuous location.

Government agencies and private companies shall verify the bona

fide farmer certification of the seller prior to the purchase. Failure

of farmers to comply with the provisions of this Section will result

in the suspension or delayed certification by the Department of

Agriculture.

(1) Any eating, drinking, or food establishment as

defined in Chapters 23 and 24 of Title 10, Guam Code

Annotated, found purchasing local produce or aquacultural

products from a farmer who is not certified by the

Department of Agriculture as a bona fide farmer will be

found in violation of this Chapter and shall be subject to

suspension or revocation of its business license pursuant to

the Business License Law.

(2) For the purposes of this Section, “bona fide farmer”

shall be as defined in 5 GCA § 63801(b).