Policy in Favor of Native or Grown-in-Guam Horticultural Products

(a)Notwithstanding any other provision of law, in any procurement of horticultural products utilizing public funds, no less than seventy-five percent (75%) of the products to be procured shall be native to Guam or grown-in-Guam, except for horticultural products that are on the endangered species list, unless they are domestically cultivated and shall be made from among businesses authorized to transact business in Guam. “Horticultural products,” as used in this Section, includes:

(1)plants;

(2)trees;

(3)flowers;

(4)shrubs;

(5)grass; and

(6)seeds.

(b)The Department of Agriculture shall, in cooperation with the College of Agriculture and Life Sciences of the University of Guam:

(1)determine, establish and maintain a list of species of native horticultural products;

(2)determine conditions that constitute “grown-in-Guam”; and

(3)establish and regularly update a list of qualified local landscapers, farmers and other related businesses authorized to transact business on Guam, and to assist those qualified businesses in establishment of availability and other related logistics to facilitate acquisition of horticultural products that are native to Guam, or grown-in-Guam, by all agencies and instrumentalities of Guam and other entities expending public funds.

(c)The provisions of the Administrative Adjudication Law shall not apply to the requirements of this Subsection. CH. 5 GUAM PROCUREMENT LAW