Policy in Favor of Healthy Food and Beverage

Products in all Mobile Food Service Establishments or Other Food and Beverage Vendor Activities on Government Property or within Government Facilities. COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS

(a)Legislative Intent. It is the intent of I Liheslaturan Guåhan to mandate the inclusion of mobile food service establishments (also commonly referred to or known as a mobile canteen), or other food vendor activities, in either temporary or permanent fixed structures, on government premises, so as to comply with the provisions of § 22420.1, to the limited extent provided pursuant to this Section. For the purposes of this Section:

(1)mobile food service establishment (also commonly referred to or known as a mobile canteen) shall mean any privately operated food and beverage service activity operated from a mobile unit wherein foods are prepared and served.

(2)food and beverage vendor activity shall mean and include fixed structures, either permanent or temporary, wherein foods and beverages are prepared and served.

(3)prepackaged foods or snacks, or beverage(s) shall mean and be inclusive of all foods not directly cooked or prepared by the vendor, and beverages not in the original containers (i.e., unopened can or sealed container). This Section shall not apply to fresh beverages prepared on-site by the vendor; for example, but not limited to, low sugar juices or beverages made from fresh fruits and/or vegetables; nor shall this Section apply to manufactured foods, i.e., those foods prepared by a duly licensed business entity with a valid sanitary health permit issued for purpose of authorizing the preparation of food(s) which are to be served or sold by food retailers, to include, but not be limited to, stores, canteens (mobile or fixed) or various other types of vendors.

(4)The sale or distribution of any alcoholic beverage shall mean as defined pursuant to Title 11 GCA, Chapter 3; and the sale or distribution of any tobacco products is as defined pursuant to Subsection

(g)of § 6101, Chapter 6, Title tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other means of ingestion,’” and shall include, as further provided pursuant to COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS Title 10 GCA, Chapter 90A - Importation and Sale of Ingestible Tobacco, and shall be prohibited.

(b)This Section shall not apply to temporary, short-term food and beverage vendor activities utilizing either mobile or fixed structures, and which are licensed or permitted to operate during special events hosted or sponsored by a municipal planning council, government of Guam entity, or authorized non-profit organization for village or island events.

(c)Development of Applicable Policy. The Director of the Department of Administration, in conjunction with the Department of Public Health & Social Services, shall promulgate the amendment of the policy established pursuant to § 22420.1 of this Article, and codified under Chapter 13 of Division 4, Title 2, Guam Administrative Rules and Regulations, within one hundred twenty

(120)days of the enactment of this Section, so as to include all mobile food service establishments (also commonly referred to or known as mobile canteens), or other food and beverage vendor activities, in either temporary or permanent fixed structures, to the extent provided pursuant to this Section.

(1)The applicable rules and regulations establishing applicable nutritional standards pursuant to this Section shall be promulgated and amended, as necessary, and shall adhere to future healthy dietary and nutritional standards set forth by the U.S. Food and Drug Administration, as provided pursuant to § 22420.1 of this Article 4.

(d)Implementation Timeline. This Section shall be effective on January 2014, or upon the amendment and promulgation of policy relative to this Section, as provided pursuant to Subsection (c), whichever is later. Government agencies which have existing authorized or permitted food and beverage vendor agreements or contracts must ensure compliance with this Section by current vendors.

(e)The amendment of any policy, rules and regulations, as provided pursuant to §§ 22420.1 and 22420.2 of this Article 4, and codified under Chapter 13 of Division 4, Title 2, Guam Administrative Rules and Regulations shall be promulgated, and COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS may be amended, pursuant to Article 3 - Rule Making Procedures, of Chapter 9, Division 1, Title 5, Guam Code Annotated.