(a) The Task Force shall work collaboratively to create recommendations that will develop a comprehensive Guam Product Seal Permit Program with the overall goal of enhancing and better promoting products that are “”Made in Guam.””

(b) Its function shall include, but is not limited to, recommending policy and adoption of a comprehensive Guam Product Seal Program that promotes the Guam brand in products manufactured in Guam or “”Made in Guam””. The Task Force shall address the following in its findings and recommendations:

(1) to create a mission statement and objective of the
Guam Product Seal Program;

(2) the assignment of the administrative functions of the Guam Product Seal (GPS) Program; i.e., which Agency
shall have administrative oversight over the Program; the Office of the Lt. Governor may decide to retain administrative functions of the program;

(3) address intellectual property rights and concerns relative to the words “”Guam,”” “”Guåhan,”” “”CHamoru,”” “”Chamorro,”” and derivations thereof in any other language or characters;

(4) develop a feasible program funding and continuity plan, and a budgetary proposal;

(5) evaluate the design of the current GPS label, and recommission if necessary;

(6) clearly mark the delineation and assignment of the compliance and enforcement responsibilities, and the authorities of respective regulatory and enforcement agencies relative to the provisions of the GPS program; i.e. complaints, investigations and enforcement requirements;

(7) identify and record all Guam Product Seal holders, and businesses that manufacture commodities for sale in the tourism industry;

(8) identify incentives and advantages that encourage participation in the program;

(9) review the structure of fines and penalties to ensure maximum deterrence for violating the GPS mandate. Visit issues such as asset forfeiture; costs for additional CQA cost recovery (administrative, destruction, storage, etc.); penalties (civil and criminal) for repeat offenders; title and transfer of seized property not in compliance with the GPS statute;

(10) make appropriate recommendations for legislation to improve the Guam Product Seal Permit Program; recommendations shall include the following:

(A) address country of origin label concerns;

(B) address the use of the words “”Guam,”” “”Guåhan,”” “”CHamoru,”” and “”Chamorro,”” and derivations thereof in any other language or characters;
(C) develop minimum standards, font size, and location of product origin on labels of consumable goods sold on Guam;

(D) develop retail partnership and community buy-in for Guam products;

(E) propose “”Made in Guam””
incentives/programs;

(F) strengthen compliance and enforcement schedules and guidelines; and

(G) review the applicability of copyright and intellectual property infringement and trademark violations.

(11) formulate an updated version of the Guam Product Seal Permit Program. Such plan shall be submitted to I Liheslaturan Guåhan no later than one hundred twenty (120) days from the date of enactment of this Act;

(12) execute fines for non-compliance of the Guam Product Seal mandates and its accompanying administrative rules and regulations; and

(13) perform all functions necessary to effectuate the mission of the Task Force as adopted.

SOURCE: Added by P.L. 31-150:2 (Nov. 21, 2011). Subsection (b)(3) amended by P.L. 35-075:3 (Mar. 20, 2020). Subsection (b)(10)(B) amended by P.L. 35-075:4 (Mar. 20, 2020).

2017 NOTE: Subsection designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.