5 GCA § 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 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.