Public Law 28-33 - An Act To Amend Subsection 40120(F)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add §11106(D) And To Amend §11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements

P.O. Box 2950 Hagatiia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: govemor@mail.gov.gu Felix Perez Camacho Govertwr Kaleo Scott Moylan Lieutenant Governor The Honorable Mark Forbes Speaker Mina' Bente Ocho Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Mr. Speaker: 2 5 APR 2005 Transmitted herewith is Bill No. 54 (EC), "AN ACT TO AMEND SUBSECTION 40120(f)(3) OF CHAPTER 40 OF TITLE 10 OF THE GUAM CODE ANNOTATED; TO ADD §11106(d) AND TO AMEND § 11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS," which I signed into law on April 22, 2005, as Public Law 28-33. Sinseru yan Magahet, FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy attached of signed bill cc: The Honorable Eddie Baza Calvo Senator and Legislative Secretary Senator Edward J.B. Calvo SECRETARY OF TI-IE LEGISLATURE ACKNOWLEDGEMENT RECEIPT Rcv'd by: '\\~~ '\'{"<\l 015 O Print Name & Initial MINA' BENTE OCHO NA LIHESLATURAN GOA.HAN TWENTY-EIGHTH GUAM LEGISLATURE 155 Hessler Place, Hagatfia, Guam 96910 April 11, 2005 The Honorable Felix P. Camacho I Maga'lahen Gutihan Ufisinan I Maga'lahi Hagatfia, Guam 96910 Dear Maga'lahi Camacho: RECE \\/ED ~o ·!I ~lrTRAL ~= Transmitted herewith are Bill Nos. S{LS), 34(EC), 39(EC), 40(EC), 43(EC), 52(EC), 54(EC) and 83(EC); and Substitute Bill Nos. 6(LS), 9(LS), 32(EC), 56(EC), 74(EC) and 78(EC) which were passed by I Mina'Bente Ocho Na Liheslaturan Guahan on April 9, 2005. Sincerely, ~ EDWARD J.B. CALVO Senator and Secretary of the Legislature Enclosures (14) I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAHAN This is to certify that Bill No. 54 (EC), "AN ACT TO AMEND SUBSECTION 40120(£)(3) OF CHAPTER 40 OF TITLE 10 OF THE GUAM CODE ANNOTATED; TO ADD §11106(d) AND TO AMEND §11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS," was on the 9th day o April, 2005, duly and regularly passed. Attested: eaker Edward J.B. Calvo Senator and Secretary of the Legislature ·This Act was received-by I Maga'lahen-Guahan this------/! -------day-of April, 2005, at Cf:?JY o'clock f .M. APPROVED: ~~ ~ FELIX P. CAMACHO I Maga'lahen Guahan Date: --~'-#-~-2--~~"L~ Public Law No. 28-33 Assistant Staff Officer Maga'lahi' s Office I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) Regular Session Bill No. 54 (EC) As amended on the Floor. Introduced by: J. A. Lujan Edward J.B. Calvo L. F. Kasperbauer F. B. Aguon, Jr. J. M.S. Brown B. J.P. Cruz Mike Cruz Mark Forbes R. Klitzkie L. A. Leon Guerrero A. B. Palacios R. J. Respicio Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO AMEND SUBSECTION 40120(£)(3) OF CHAPTER 40 OF TITLE 10 OF THE GUAM CODE ANNOTATED; TO ADD §11106(d) AND TO AMEND §11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan 3 finds that much legislation has been enacted to regulate the sale of shell eggs. 1 1 The laws apply to the edibility of the product and to its quality and grade. 2 Both Federal and State laws are applicable to eggs, but practically most of 3 those pertaining to grading have been enacted by the States. 4 The Egg Products Inspection Act (EPIA) (United States Public Law 91 5 597), which became law in 1970, provides for the uniformity of standards and 6 grades. The Act states: "For eggs which have moved or are moving in 7 interstate or foreign commerce, no State or local jurisdiction may require the 8 use of standards of quality, condition, weight, quantity, or grade which are in 9 addition to or different from the official Federal standards." This has 10 prompted States with egg laws in which the standards and grades differ 11 somewhat from the official Federal standards and grades to amend their laws 12 to comply with the Federal standards. A provision on labeling prohibits 13 States from requiring labeling on eggs from other areas to indicate the State or 14 other geographic area of production or origin. This provision does not apply 15 to Alaska, Hawaii, Puerto Rico, Guam or the Virgin Islands. However, Guam 16 is the only U.S. jurisdiction that requires individual egg stamp labeling. 17 Guam's administrative rules require that the origin of the eggs must be 18 stamped on each egg. As the only U.S. domestic jurisdiction with this 19 requirement, egg producers apply an added cost that inevitably is borne by 20 the consumers of Guam. As much as ten percent (10%) of the freight on board 21 (FOB) cost is added to the packaged product cost. The existing stamping 22 requirement has no added benefit for the consumers of Guam. The Federal 23 Food, Drug, and Cosmetic Act, and the regulations for its enforcement, apply 24 to all food products in interstate commerce, including shell eggs. This Act is 25 designed to prevent the shipment of adulterated and misbranded foods. 2 1 Additionally, the Federal Trade Commission has responsibility for regulating 2 the business practices engaged in by firms marketing eggs in interstate or 3 foreign commerce. Therefore, I Liheslaturan Guahan finds that the removal of 4 Guam's egg stamping policies will benefit the people of Guam by reducing 5 the cost of imported egg products. 6 Section 2. Subsection 11106(d) is hereby added to Chapter 11, 7 Division 2 of Title 8 of the Guam Administrative Rules and Regulations to 8 read: 9 u(d) In the case of eggs imported from mainland United States or 10 foreign countries, regardless of the person producing the same, 11 imported eggs shall be marked by the importer on each carton or other 12 type of container or package of eggs as required by 5 GCA Chapter 66, 13 the Chicken Egg Regulation." 14 Section 3. Section 11107 of Chapter 11, Division 2 of Title 8 of the 15 Guam Administrative Rules and Regulations is amended to read: 16 //§11107. Notice of Grade and Size; Designation of Origin of 17 Imported Eggs. (a) It shall be unlawful for any person to sell, or offer 18 to sell or expose for sale to a consumer, any eggs other than those of his 19 own production intended for human consumption without notifying by 20 suitable sign or label the person purchasing or intending to purchase the 21 same whether the same are imported from the mainland United States 22 or foreign countries or of local production, and the exact grade or 23 quality and size or weight and date such eggs were graded. 24 (b) The word 'local' shall be used to designate eggs produced in 25 Guam. 3 e 1 (c) Anybody importing eggs into Guam for sale shall obtain a 2 permit from the Department of Agriculture, stating the country of 3 origin, the volume of eggs to be imported and other pertinent data as 4 may be prescribed by the Department in compliance with 5 GCA 5 Chapter 66, the Chicken Egg Regulation." 6 Section 4. Subsection 40120(f)(3) of Chapter 40 of Title 10 of the 7 Guam Code Annotated is amended to read: 8 °(3) Notwithstanding any provision of law, all fresh or frozen 9 packaged meat, fresh eggs, bread, fresh milk and fresh daily products 10 and ice cream, and such other food, drug and consumer commodity 11 designated by the Director of the Department of Public Health and 12 Social Services shall have a clearly designated expiration date on each 13 package offered for retail sale. Notwithstanding any other provision of 14 law, in lieu of stamping any required labels whatsoever on individual 15 eggs, such information may instead be stamped on each egg carton if 16 the eggs are packed in individual cartons of twelve (12) eggs or less as 17 required by 5 GCA Chapter 66, the Chicken Egg Regulation." 18 Section 5. Severability. If any provision of this Act or its application 19 to any person or circumstance is found to be invalid or contrary to law, such 20 invalidity shall not affect other provisions or applications of this Act which 21 can be given effect without the invalid provisions or application, and to this 22 end the provisions of this Act are severable. 4 e I MINA' BENTE OCHO NA LIHESLA TURAN GUAHAN 2005 (FIRST) Regular Session Date: 4 / 1 f O S Bill No. S-f ( ~('} Resolution No. VOTING SHEET I Question: NOT OUT YEAS NAYS VOTINGL DURING ABSENT NAME ABSTAINED ROLL CALL AGUON, Frank 8., Jr. / [1/1{ BROWN, Joanne M.S. v/ CALVO, Edward J.B. v/ CRUZ, Benjamin J.F, ✓/ CRUZ, Michael (Dr.) v/ FORBES, Mark v/ KASPERBAUER, Lawrence F. i/ KLITZKIE, Robert v LEON GUERRERO, Lourdes A. v/ LUJAN, Jesse A. v PALACIOS, Adolpho 8. ✓ RESPICIO, Rory J. v,, TENORIO, Ray ii / UNPINGCO, Antonio R. v,, WON PAT, Judith T. v TOTAL 0 0 CERTIFIED TRUE AND CORRECT: Gwc.·)~~ Clerk of the Leg is/a~ * 3 Passes= No vote EA = Excused Absence t' I Mina' Bente Ocho Na Liheslaturan Guahan The 28th Guam Legislature April 6, 2005 Speaker Mark Forbes I Mina' Bente Ocho Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910 155 Hesler Place Hagatna, Guam 96910 Office (671) 472-3409 • Fax (671) 472-3510 Speaker Mark Forbes The Committee on General & Omnibus Matters to which Bill No. 54 was referred, wishes to report its findings and recommendations TO DO PASS BILL No. 54 (EC): "An Act To Amend Subsection 40120(f)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add §l l 106(d) And To Amend § 11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements". Transmitted herewith for your consideration and action is our committee report on the above subject matter. The voting record is as follows: '1 TO PASS NOTTO PASS TO REPORT OUT ONLY ABSTAIN INACTIVE FILE Copies of the Committee Report and other pertinent documents are att ed. Thank you and si Yu'os ma'ase for your attention to this matter. Attachments MEMORANDUM TO: Committee Members FROM: Chairman SUBJECT: Committee Report- Bill No. 54 (EC): "An Act To Amend Subsection 40120(t)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add §11106(d) And To Amend §11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements." Transmitted herewith for your information and action is the report on Bill No. 54 (EC) from the Committee on General and Omnibus Matters. This memorandum is accompanied by the following: 1. Committee Voting Sheet 2. Committee Report 3. Bill No. 54 (EC) 4. Public Hearing Sign-In Sheet 5. Fiscal Note/ Fiscal Note Waiver 6. Notice of Public Hearing Please take the appropriate action on the voting sheet. Your attention and cooperation in this matter is greatly appreciated. Should you have questions regarding the report or accompanying documents, please do not hesitate to contact me. Thank you and si Yu'os ma'ase. = Attachments COMMITTEE ON GENERAL AND OMNIBUS MATTERS I MINA 'BENTE OCHO NA LIHESLATURAN GUAHAN 155 HESLER PLACE, HAGATNA, GUAM 96910 An Act To Amend Subsection 40120(f)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add §l l 106(d) And To Amend §11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements. VOTING SHEET SIGNATURE TO NOTTO TO REPORT INACTIVE PASS PASS OUTOF ABSTAIN FILE COMMITTEE Mark Forbes, Chairman ~ A )---~ , ~ Edward J.B. Calvo I ~ \ / (j/ Lawrence F. Kasperbauer, Ph.D. /~ " iiJ'li6r f Jesse A. Lujan ~v "It(\.< A~ Ray Tenorio 'If~~ I ~ t/ c:::; ~ Michael Cruz, M.D. \ Lou A. Leon Guerrero Judith T. Won Pat /211, // ◄Wr Benjamin J.F. Cruz ~Vil j ~ ~ Bill No. 54 (EC) MINA' BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) REGULAR SESSION Introduced by: Jesse A Lujan ,;,.,J f ~ y zµ: B Calvo Pf"; AN ACT TO AMEND SUBSECTION 40120(f)(3) OF CHAPTER 40 OF TITLE 10 OF / THE GUAM CODE ANNOTATED; TO ADD §11106(d) AND TO AMEND §11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Intent / Liheslaturan Guahan finds that much legislation has been enacted to regulate the sale of shell eggs. The laws apply to the edibility of the product and to its quality and grade. Both Federal and State laws are applicable to eggs, but practically most of those pertaining to grading have been enacted by the States. The Egg Products Inspection Act (EPIA)(United States Public Law 91 597), which became law in 1970, provides for the uniformity of standards and grades. The Act states: "For eggs which have moved or are moving in interstate or foreign commerce, no State or local jurisdiction may require the use of standards of quality, condition, weight, quantity, or grade which are in addition to or different from the official Federal standards." This has prompted States with egg laws in which the standards and grades differ somewhat from the official Federal standards and grades to amend their laws to comply with the Federal standards. A provision on labeling prohibits States from requiring labeling on eggs from other· areas to indicate the State or other geographic area of . P ed FANo.~l-~ Date: f1 Time: I MINA'BENTE OCHO NA LIHESLATURAN GUAffAN FLOOR AMENDMENTS/CHANGES Bill No. ~53/ ,.. Senai.1oposing Amendment (Below for Senator to complete) Please describe proposed amendment, including where change to occur: &f,{ lfL ~·#.3 ~ (Below only for Clerk of Legislature's use and processing)) Date Ji Ir 2005 Floor =nt No. :J of a total of changes on above Bill. Votes For Amendment: ---- Votes Against Amendment: ~ AMENDMENT PASSED: Amendment Failed: Amendment Withdrawn: APPRO EQ AS TO FORM PASSED Cl¢kofiegislature Ass't. Amend. Clerk Engrossment Staff '\ FAMENDMENT Concur (initial) Speaker production or origin. This provision does not apply to Alaska, Hawaii, Puerto Rico, Guam or the Virgin Islands. However, Guam is the only U.S. jurisdiction that requires individual egg stamp labeling. Guam's administrative rules require that the origin of the eggs must be stamped on each egg. As the only U.S. domestic jurisdiction with this requirement, egg producers apply an added cost that inevitably is borne by the consumers of Guam. As much as ten percent (10%) of the freight on board (FOB) cost is added to the packaged product cost. The existing stamping requirement has no added benefit for the consumers of Guam. The Federal Food, Drug, and Cosmetic Act, and the regulations for its enforcement, apply to all food products in interstate commerce, including shell eggs. This act is designed to prevent the shipment of adulterated and misbranded foods. Additionally, the Federal Trade Commission has responsibility for regulating the business practices engaged in by firms marketing eggs in interstate or foreign commerce. Therefore, / Lihes/aturan Guahan finds that the removal of Guam's egg stamping policies will benefit the people of Guam by reducing the cost of imported egg products. Section 2. Subsection 11106( d) is hereby added to Chapter 11, Division 2 of Title 8 of the Guam Administrative Rules and Regulations to read: "@ In the case of eggs imported from mainland United States or foreign countries, regardless of the person producing the same, imported eggs shall be marked by the importer on each carton or other type of container or package of eggs as required by 5 GCA Chapter 66, the Chicken Egg Regulation . ..r 1' Section 3. Section 11107 of Chapter 11, Division 2 of Title 8 of the Guam Administrative Rules and Regulations is amended to read: "§11107. Notice of Grade and Size; Designation of Origin of Imported Eggs. (a) It shall be unlawful for any person to sell, or offer to sell or expose for sale to a consumer, any eggs other than those of his own production intended for human consumption without notifying by suitable sign or label the person purchasing or intending to purchase the same whether the same are imported from the mainland United States or foreign countries or of local production, and the exact grade or quality and size or weight and date such eggs were graded. (b) The word local shall be used to designate eggs produced in the Territory of Guam. (c) In the case of eggs imported from mainland United States or foreign countries, regardless of the person producing the same, each egg so imported shall be marked by the importer in clear and plain letters, of not less than twelve (12) point type, the letters "U.S.," if such egg was produced in the mainland united States, or the name of the country, if such egg was produced in a foreign country, before such eggs may be remo'.<ed from any dock or landing until the consignee thereof has been furnished with a certificate issued by the Department certifying that the eggs contained in the shipment in which such eggs arri'led are marked as provided in this Section. ( g d) Anybody importing eggs into the Territory Guam for sale shall obtain a permit from the Department of Agriculture, stating the country of origin, the volume of eggs to be imported and other pertinent data as may be prescribed by the Department in compliance with 5 GCA Chapter 66 1 the Chicken Egg Regulation." Section 4. Subsection 40120(f){3) of Chapter 40 of Title 10 of the Guam Code Annotated is amended to read: "(3) Notwithstanding any provision of law, all fresh or frozen packaged meat, fresh eggs, bread, fresh milk and fresh daily products and ice cream, and such other food, drug and consumer commodity designated by the Director of the Department of Public Health and Social Services shall have a clearly designated expiration date on each package offered for retail sale. Notwithstanding any other provision of law, in lieu of stamping any required labels whatsoever on individual eggs, such information may instead be stamped on each egg carton if the eggs are packed in individual cartons of twelve (12) eggs or less as required by 5 GCA Chapter 66, the Chicken Egg Regulation." tli Section 5. Severability. /f any provision of this l::ew or its application to any person or circumstance is found to be invalid or contrary to law, such ACJt' invalidity shall not affect other provisions or applications of this i::ew which can be given effect without the invalid provisions or application, and to this end the provisions of this ~~re severable. I MINA' BENTE OCHO NA LIHESLATURAN GUAHAN COMMITTEE ON GENERAL & OMNIBUS MATTERS SPEAKER MARK FORBES, CHAIRMAN COMMITTEE REPORT ON BILL NO. 54 (EC) AN ACT TO AMEND SUBSECTION 40120(F)(3) OF CHAPTER 40 OF TITLE 10 OF THE GUAM CODE ANNOTATED; TO ADD §11106(D) AND TO AMEND §11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS. I. OVERVIEW The Committee on General and Omnibus Matters held a public hearing at 9 a.m., Friday, March 18, 2005 in the Session Hall, I Liheslaturan Guahan. Public notice was submitted to all media (see facsimile poll/activity report attachment) on Friday, March 11, 2005 and confirmed received. A print ad of the Public Notice was printed in the March 15, 2005, edition of the Pacific Daily News (PDN), posted in the Government Meetings Section in the March 17 edition of the PDN. A second submittal of public notice to all media was done on March 16, 2005 (see facsimile poll/activity report attachment). Senators present at the public hearing were: Speaker Mark Forbes, Chairman Senator Jesse A. Lujan, Member II. SUMMARY OF TESTIMONY There were no Individuals who attended the public hearing on Bill 54 to present testimony. Mr. M. Thomas Nadeau of the Department of Public Health and Social Services, submitted written testimony in favor of Bill 54. He writes the only concern the Department of Public Health and Social Services has is related to the issuance of a sanitary permit and requirements on safe handling and storage guidelines for shelled eggs. Comments by the Author; Senator Jesse Lujan spoke on the intent of the bill. He said that the legislation is needed to update an archaic law regulating the stamping of eggs. He said that Guam is the only island that requires the individual stamping of eggs and that currently most U.S. States have adopted regulations allowing for eggs to be stamped by carton. III. FINDINGS AND RECOMMENDATION The Committee on General and Omnibus Matters finds that the intent of Bill No. 54 will update the current law regulating the stamping of eggs. Guam is the only domestic jurisdiction that requires the individual stamping of eggs. This requirement is costly, especially if the eggs are imported. The cost is burdened by the consumers of imported eggs. This measure will change the administrative rules requirement of the labeling of the origin of the egg on each individual egg and to allow for the stamping of a carton of twelve eggs or less. This lessens the expense of packaging, thereby reducing the cost on consumers. Accordingly, the Committee on General and Omnibus Matters to which Bill No. 54 (EC) was referred does hereby submit its findings and recommendations to I Mina' Bente Ocho Na Liheslaturan Guahan TO DO PASS BILL NO. 54 (EC), "An Act To Amend Subsection 40120(£)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add § 11106( d) And To Amend § 11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements." • IV. PUBLIC HEARING AGENDA AGENDA COMMITTEE ON GENERAL & OMNIBUS MATTERS, and EXECUTIVE COMMITTEE Public Hearing Session Hall, Temporary Legislative Building Friday, March 18, 2005, 9:00 a.m. Governor's Appointment of Mr. Oscar A. Calvo to serve as a member of the Chamorro Land Trust Commission. Bill No. 44 (LS) - by L.A. Leon Guerrero An Act To Amend Section 4109(A) Of Title 4, Guam Code Annotated, Relative To Annual Leave. Bill No. 50 (EC) - by B. J.F. Cruz- Postponed The Chamorro Land Ownership Act Of 2005; An Act To Authorize Chamorro Land Trust Commission Residential Lot Recipients To Own Residential Lots Pursuant To A Right Of First Refusal Program; To Allow Cottage Industry Activities On Residential Leases By Leaseholders; And To Remove The 21 Year Cap On Licenses For Churches, Hospitals, Public Schools, Private Schools, And Post Offices; By Amending Chapter 75 Of Division 2 Of Title 21 Of The Guam Code Annotated. Bill No. 54 (EC) - by J. A. Lujan An Act To Amend Subsection 40120(f)(3) Of Chapter 40 Of Title 10 Of The Guam Code Annotated; To Add § l l 106(d) And To Amend § 11107 Of Chapter 11, Division 2 Of Title 8 Of The Guam Administrative Rules And Regulations Relative To Reducing The Price Of Eggs By Removing The Individual Egg Stamping Requirement Of Imported Eggs That Meet Local And United States Department Of Agriculture Inspection Requirements. Bill No. 69 (EC) - by Edward J.B. Calvo An Act Authorizing I Maga'lahen Guahan To Exchange Lot Numbers 123-Rl-l-lg And 123-Rl-l-2g, Municipality OfUmatac, With Tract 3241-A, Block 5a, Lot Number 7, Municipality OfUmatac. Bill No. 82 (EC) - by B. J.F. Cruz An Act To Standardize The Electoral Process For The Office Of The Public Auditor And The Office Of The Attorney General And To Require Majority Votes Cast For Election For Such Offices. IV. SIGN IN SHEET (There were no individuals who appeared for the public hearing on Bill 54) Written testimony was submitted at a later date by Mr. M. Thomas Nadeau. See Attachment. I Mina' Bente Ocho Na Liheslaturan Guahan The 28th Guam Legislature 155 Hesler Place Hagatna, Guam 96910 Office (671) 472-3409 • Fax (671) 472-3510 Speaker Mark Forbes WAIVER OF FISCAL NOTE In accordance with §9105 Title 2 GCA, I hereby certify that prompt committee action on Bill 54 is necessary to the proper conduct of legislative business. Therefore, I am waiving requirement of a fiscal note on Bill 54. Speaker and Chairman, Committee on General and Omnibus Matters VI. PUBLIC HEARING NOTICES Pacific Daily News; Pg. 42, Tuesday, March 15, 2005. :I' I, ,Ii \[) \ \\.s/,T.\."-( J (. ,'s' i' \< ;· .\f., , , .; ·--; I ~-, ,J( '\ : Ji·l Ji.Lt •f ·1; I I --.! 11 \;, ! H 1~: if:·"'; i (·lR 1 \1 \!! ''-..(JI -F'. 1 l·'-. --,til ~L.r; .-i . 1 • ... 1, ,,,,t, Pacific Daily News, Gov't Mtgs.,; Pg.8, Thursday, March 17, 2005. ela- ..6. GUAM BOARD OF EXAMIN ac- ERS FOR PHARMACY: 8 a.m. sha March 17. Heallll Professional Li v or censing Office, Suite 9, 651 Legacy ex- Square Commercial Complex, Route , Ii- 10. Mangilao. Agenda copies will be ov- available. Call Jane Diego. 735 >uS 7406/1 1. 2n :.P. March iB · of • COMMITTEE ON GENERAL enl AND OMNIBUS MATTERS: Pub ~d- lie t1earing ~l a .rn. M.,·1rch 18, l.egis ; a lature·s session l1ail. Hagati'ia. Gov 1ic emor's appointment of Osc::!.r A. Cal \u· vo to serve ;,s a member of the ~s- Chamorro Lan,j Trust Cornmissio,1. la- Bill 44 , relaiive to annual leave: Bill Jd SO. io aulhorize lhe Chamorro l.anci di : Trust Commission residential lo\ r-:1 suant to a right of first refusal pro gram, to allow cottage industry ac tivities on residential leases by leaseholders. and to remove the 21 year cap on licenses tor churches, hospitals, public sct1ools. private scnools and Post Offices. !3ill 54. relc1.tive to reducing the price ot e9gs by removing ihe in<Jiv1 cl ual P.i,;\J stamping requirement of imported eggs that meet local and U.S. De pa11rnent of ,O.griculturc ir0 specliun requirements; Bill 69. lo aulr101ize the governor to exchange lots wit.h <1 tract in Umatac: Bill 82. to st::in darclize ti1e elector al p:·or,,;s,, ,o;· t:1e Office of Public Aucl1,or .:, ncl (.,Hic.e of tile Al1orney General and to rt",qu;rr-: majority votes ,:ast for election for such offices Call ,, 7?.-3408. ,,:· cipients to ov:n re.sidential lots pur- visit v,ww.guan1leg:~cl2,tu;1:0 • .::0m. 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I • s Totel Pages con~lrmed 5 !st::art Time Duret1on Pages Mode I 3-1e-os: 8:32AM 3'25" 5/ 5 EC RE: Resend PD: Pol led l>Y Remo't• MP: Mu It I-Po I I PG: Pol I I no a Remote RM: Receive to Memory OR: Document f:l:emoved HP: Host Print FO: Forced output HR: Ho.st Receive FM: Forward Ma It box comments MB: Pl: TM: WT: Doc. ws: 3-16-05; 8:35AM 4723510 Ouem Leo1s1eture Results CP 12. 0 Receive to Me I I box Power Interruption Terminated t>y user Waiting Trens,fer we1t1ng send I I • FallsP.c..-dio GOVERNOR KalHS.Moylan LIEUl'ENANT GOVERNOR GOVERNMENT OF GUAM DEPARTMENT OF PUBLIC HEALTH & SOCIAL SERVICES (DIPATIAMENTON SALUT PUPBLEKO Y A.N SETBISION SUSIAT) Post Office Box 2816 Hagatm, Guam 96932 123 ChaLln Kareta, Route 10 Mangilao, Guam 96913 Testimony ofNon-opposjtion for Bill No, 54 March 18, 2005 PourJ°"'1 D. Camecllo, MPH DIRECTOR Hafa Adai and Good Morning to Mr. Speaker and the Members of the Committee. My name is Tom Nadeau, I am the Administrator with the Division of Environmental Health of the Department of Public Health and Social Services. On behalf of the Department and its Director, Mr. PeterJohn Camacho, I would like to provide testimony for our non opposition to Bill No. 54. The Department has read the content of Bill 54 and we have no objection to the amendment of §40120(t)(3) of Chapter 40 of Title 10 GCA. We will however refrain from commenting on the other provisions of Bill 54 since we believe that the Department of Agriculture is the appropriate agency that can best determine the consequences, if any, the bill will have on their operation and interest. Instead, our Department requests that Bill 54 be expanded to am.end §21 IOl(h) of Chapter 21 ofTitle 10 GCA. Under the existing language of §21 IOI(h), a Sanitary Permit is not required of any business or person that sells eggs. Such exemption was adopted over twenty years ago when food regulators incorrectly believed that intact shell eggs were free of dangerous microorganisms. However, we now know that pathogenic bacteria, Salmonella enteritidis, can be passed from the egg-laying hen to the egg through transovarian transmission. Salmonella enteritidis, or SE, is a bacterium that causes the disease salmonellosis, which can cause fever, severe abdominal cramping, and diarrhea beginning 12-72 hours after the consumption of contaminated food. While most recover within 4 to7 days, some will require hospitalization. For this reason, shell eggs must be treated like any other potentially hazardous foods that require proper refrigeration for storage and heating before consumption. With the attached request for amendment to §2110 I (h) of Chapter 21 of Title 10 GCA, our Department can compel certain vendors to obtain Sanitary Permits and require them meet the safe handling and storage guidelines for shelled eggs. Thank you and Si Yu'us Ma'ase for granting the Department and I the opportunity to present this testimony. .~Nv· M. Thomas Nadeau Attachment TEL NO.: (671) 735-7399 • FAX: (671) 734-5910 om. e of the Speaker MARK FORBES. 0..: 3 -:;J cJ. -o.> n-. ,~ Rec'd br-·-~~~~=-ai:=--. Print Name.:, • ,\thlchmmt tu Written Testimony for BUI 5-' (J/18105) "§21101. Sanitary Permit (h) Any mortuary as defined in Chapter 30 without a valid sanitary permit for such establishment or activity, (hereinafter referred to as "permit"); issued by the Director. Such permit shall be displayed at all times in a conspicuous place in the premises designated by the Director. Only persons who comply with the pertinent provisions of this Part shall be entitled to receive and retain such permit. This Chapter shall not apply to the operation of any establishment, including any market, wayside stand or roadside stand used exclusively for the sale of (1) fresh, unprocessed fruits, vegetables and nuts; ~; ~ill live poultry; (4-)Ql live pigs; ~ill other live animals, except dogs and cats and other such animals as stipulated by the Director, by the original producer thereof in his own property; or ~ill liquor or canned or bottled soft drinks." Bill No. MINA' BENTE OCHO NA LIHESLATURAN GUAHAN 2005 (FIRST) REGULAR SESSION (EC) Introduced by: Jesse A. Lujan~ Edward J.B. Calvo , -// AN ACT TO AMEND SUBSECTION 40120(F)(3) OF CHAPTER 40 OF TITLE 10 OF THE GUAM CODE ANNOTATED; TO ADD §11106(D) AND TO AMEND §11107 OF CHAPTER 11, DIVISION 2 OF TITLE 8 OF THE GUAM ADMINISTRATIVE RULES AND REGULATIONS RELATIVE TO REDUCING THE PRICE OF EGGS BY REMOVING THE INDIVIDUAL EGG STAMPING REQUIREMENT OF IMPORTED EGGS THAT MEET LOCAL AND UNITED STATES DEPARTMENT OF AGRICULTURE INSPECTION REQUIREMENTS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Intent. I Liheslaturan Guahan finds that much 3 legislation has been enacted to regulate the sale of shell eggs. The laws apply 4 to the edibility of the product and to its quality and grade. Both Federal and 5 State laws are applicable to eggs, but practically most of those pertaining to 6 grading have been enacted by the States. 1 1 The Egg Products Inspection Act (EPIA)(United States Public Law 91 2 597), which became law in 1970, provides for the uniformity of standards and 3 grades. The Act states: "For eggs which have moved or are moving in 4 interstate or foreign commerce, no State or local jurisdiction may require the 5 use of standards of quality, condition, weight, quantity, or grade which are in 6 addition to or different from the official Federal standards." This has 7 prompted States with egg laws in which the standards and grades differ 8 somewhat from the official Federal standards and grades to amend their laws 9 to comply with the Federal standards. A provision on labeling prohibits 10 States from requiring labeling on eggs from other areas to indicate the State or 11 other geographic area of production or origin. This provision does not apply 12 to Alaska, Hawaii, Puerto Ricof Guam or the Virgin Islands. However, Guam 13 is the only U.S. jurisdiction that requires individual egg stamp labeling. 14 Guam's administrative rules require that the origin of the eggs must be 15 stamped on each egg. As the only U.S. domestic jurisdiction with this 16 requirement, egg producers apply an added cost which inevitably is borne by 17 the consumers of Guam. As much as ten percent (10%) of the freight on board 2 1 (FOB) cost is added to the packaged product cost. The existing stamping 2 requirement has no added benefit for the consumers of Guam. The Federal 3 Food, Drug, and Cosmetic Act, and the regulations for its enforcement, apply 4 to all food products in interstate commerce, including shell eggs. This act is 5 designed to prevent the shipment of adulterated and misbranded foods. 6 Additionally, the Federal Trade Commission has responsibility for regulating 7 the business practices engaged in by firms marketing eggs in interstate or 8 foreign commerce. Therefore, I Liheslaturan Guahan finds that the removal of 9 Guam's egg stamping policies will benefit the people of Guam by reducing 10 the cost of imported egg products. 11 Section 2. Subsection 11106(d) is hereby added to Chapter 11, Division 12 2 of Title 8 of the Guam Administrative Rules and Regulations to read: 13 "@ In the case of eggs imported from mainland 14 United States or foreign countries, regardless of the 15 person producing the same, imported eggs shall be 16 marked by the importer on each carton or other type of 3 1 2 container or package of eggs as required by 5 GCA Chapter 66, the Chicken Egg Regulation. " 3 Section 3. Section 11107 of Chapter 11, Division 2 of Title 8 of the 4 Guam Administrative Rules and Regulations is amended to read: 5 "§11107. Notice of Grade and Size; Designation of 6 Origin of Imported Eggs. (a) It shall be unlawful for any 7 person to sell, or offer to sell or expose for sale to a consumer, 8 any eggs other than those of his own production intended for 9 human consumption without notifying by suitable sign or label 10 the person purchasing or intending to purchase the san1e 11 whether the same are imported from the mainland United 12 States or foreign countries or of local production, and the exact 13 grade or quality and size or weight and date such eggs were 14 graded. 15 16 (b) The word local shall be used to designate eggs produced in the Territory of Guam. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (c) In the case of eggs imported from mainland United States or foreign countries, regardless of the person producing the same, each egg so imported shall be marked by the importer in clear and plain letters, of not less than hvelve (12) point type, the letters "U.S.," if such egg was produced in the mainland united States, or the name of the country, if such egg 1ivas produced in a foreign country, before such eggs may be removed from any dock or landing until the consignee thereof has been furnished v.rith a certificate issued by the Department certifying that the eggs contained in the shipment in YNhich such eggs arrived are marked as provided in this Section. (~d) Anybody importing eggs into the Territory Guam for sale shall obtain a permit from the Department of Agriculture, stating the country of origin, the volume of eggs to be imported and other pertinent data as may be 5 1 prescribed by the Department in compliance with 5 GCA 2 Chapter 66, the Chicken Egg Regulation." 3 Section 4. Subsection 40120(f)(3) of Chapter 40 of Title 10 of the Guam 4 Code Annotated is amended to read: 5 "(3) Notwithstanding any provision of law, all fresh or 6 frozen packaged meat, fresh eggs, bread, fresh milk and fresh 7 daily products and ice cream, and such other food, drug and 8 consumer commodity designated by the Director of the 9 Department of Public Health and Social Services shall have a 10 clearly designated expiration date on each package offered for 11 retail sale. Notwithstanding any other provision of law, in lieu 12 of stamping any required labels whatsoever on individual eggs, 13 such information may instead be stamped on each egg carton if 14 the eggs are packed in individual cartons of twelve (12) eggs or 15 less as required by 5 GCA Chapter 66, the Chicken Egg 16 Regulation." 6 1 Section 5. Severability. If any prov1s1on of this Law or its 2 application to any person or circumstance is found to be invalid or contrary to 3 law, such invalidity shall not affect other provisions or applications of this 4 Law which can be given effect without the invalid provisions or application, 5 and to this end the provisions of this Law are severable. 7