§ 3-103. Healthy food procurement.
A. Definitions as used in this section are as follows:
1. “Community event” means meetings, dinners, or events sponsored by the Osage Nation that are open to members of the Osage Nation and other members of the public, and where prepared food and beverages that were purchased with Osage Nation funds are served or offered excluding traditional, cultural and social gatherings where traditional foods are prepared.
2. “Osage Nation vendor” means any food producer, grower, processor, or distributor which possesses at least fifty-one percent (51%) of Osage Nation ownership and who is registered with the Osage Nation as an Osage Nation vendor.
3. “Traditional food” means foods and beverages from pre-colonization times that are or have been part of the traditional or indigenous diet and food or ways of the people of the Osage Nation.
4. “Vending machine” means any self-service device, which, upon payment, dispenses unit servings of food or beverages, either in bulk or in packages, and which does not require replenishing between each vending operation. Vending machines may include, but are not limited to, self-service micro-marts, self-service coolers or self-service kiosks. Payment may include, but is not limited to, coin, paper, currency, token, card or key.
B. Standards for food and beverages sold through vending machines located on Osage Nation owned or operated property or within Osage Nation owned or operated facilities shall be established by tribal regulations developed by the Osage Nation Department of Natural Resources pursuant to Section 3-101 et seq. of Title 13, as amended. These tribal regulations may include regulations recommended by the United States Department of Agriculture (USDA), a Wah Zha Zhi Health Center-licensed nutritionist or a Wah Zha Zhi Health Center-licensed dietician.
C. Standards for food and beverages served or provided at employee meetings or events, at community events, or where the food and beverages have been purchased using Osage Nation funds shall be established by tribal regulations developed by the Osage Nation Department of Natural Resources pursuant to Section 3-101 et seq. of Title 13, as amended. These tribal regulations may include regulations recommended by the United States Department of Agriculture (USDA), a Wah Zha Zhi Health Center-licensed nutritionist or a Wah Zha Zhi Health Center-licensed dietician.
D. Healthy and traditional powwow food and beverage vendors incentive shall be as follows:
1. Vendors who agree that all of the food and beverages that they provide will meet the food and beverage standards established by the Department of Natural Resources will be eligible to receive a fifty percent (50%) rebate of the applicable permit fee.
2. Upon certification by the Principal Chief or his designee that the vendor has met these and any other applicable requirements, the rebate will be paid.
E. Implementation and Monitoring.
1. Unless otherwise specified, the Principal Chief or his designee shall be responsible for implementing and monitoring compliance with this section.
2. This Act shall not apply to any vending machine or food service contracts that were executed prior to the adoption of this Act. Any contract renewals, extensions or new contracts, and any requests for proposal or requests for bid issued after the effective date of this Act must comply with this Act and shall expressly incorporate the standards and requirements established pursuant to this Act.
3. All contracts and requests for proposal or bid executed after the effective date of this Act must state that failure to comply with the standards and requirements of this Act shall be deemed a material breach of the contract, which may subject the contract to immediate termination at the sole discretion or to such other remedies as determined appropriate by the Osage Nation Principal Chief. ONCA 20-28, eff. Apr. 27, 2020.