[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-6241]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF AGRICULTURE
[Docket No. 94-004N]

 

Exemption for Retail Stores; Adjustment of Dollar Limitations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice announces that the dollar limitations currently in 
effect on the annual sales of meat and poultry products that can be 
sold by retail stores exempt from Federal inspection requirements to 
consumers other than household consumers, such as hotels, restaurants 
and similar institutions, have been adjusted to conform with price 
changes for meat and poultry products as indicated by the Consumer 
Price Index. The dollar limitation for meat products increases from 
$37,800 to $38,900 for calendar year 1994 and the dollar limitation for 
poultry products increases from $33,100 to $34,500 for calendar year 
1994.

EFFECTIVE DATE: March 17, 1994.

FOR FURTHER INFORMATION CONTACT:Dr. Judith A. Segal, Director, Policy 
Evaluation and Planning Staff, Food Safety and Inspection Service, U.S. 
Department of Agriculture, Washington, DC 20250, (202) 720-7773.

Background

    Federal inspection of meat and poultry products prepared for sale 
or distribution in commerce or in States designated under section 
301(c) of the Federal Meat Inspection Act (FMIA) (21 U.S.C. 661(c)) and 
section 5(c) of the Poultry Products Inspection Act (PPIA) (21 U.S.C. 
454(c)) is required by law and administered by the Food Safety and 
Inspection Service (FSIS). However, section 301(c)(2) of the FMIA (21 
U.S.C. 661(c)(2)) and section 5(c)(2) of the PPIA (21 U.S.C. 454(c)(2)) 
state that the general requirement of routine Federal inspection ``. . 
. shall not apply to operations of types traditionally and usually 
conducted at retail stores . . . when conducted at any retail store . . 
. for sale in normal retail quantities . . . to consumers. . . .''
    FSIS regulations (9 CFR 303.1(d) and 381.10(d)) define retail 
stores that qualify for exemption from routine Federal inspection under 
the FMIA or PPIA. Under the regulations, for an establishment to be an 
exempt retail establishment depends, in part, upon the percentage and 
volume of its trade with consumers other than household consumers, such 
as hotels, restaurants and similar institutions. Accordingly, the 
Federal meat and poultry products inspection regulations state in terms 
of dollars the maximum amount of meat and poultry products which may be 
sold to nonhousehold consumers if the establishment is to remain an 
exempt retail establishment. During calendar year 1993, the maximum 
amount for meat products was $37,800; for poultry products, the amount 
was $33,100.
    The Federal meat and poultry products inspection regulations (9 CFR 
303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b) further provide that the 
dollar limitation on product sales by retail stores to consumers other 
than household consumers will be automatically adjusted during the 
first quarter of each calendar year whenever the Consumer Price Index, 
published by the Bureau of Labor Statistics (BLS), Department of Labor, 
indicates a change during the previous year in the price of the same 
volume of product exceeding $500, upward or downward. The regulations 
also require that notice of the adjusted dollar limitation be published 
in the Federal Register.
    The BLS Consumer Price Index for 1993 indicates an average annual 
price increase in meat products of 3.0 percent and an average annual 
price increase in poultry products of 4.2 percent. When rounded off to 
the nearest $100, the price increase for meat products amounts to 
$1,100 and the price increase for poultry products amounts to $1,400. 
As a percentage of the existing dollar limitation, change in excess of 
$500 is indicated for both meat and poultry products.
    Accordingly, FSIS, in accordance with Secs. 303.1(d)(2)(iii)(b) and 
381.10(d)(2)(iii)(b) of the regulations, has automatically raised the 
dollar limitation of permitted sales of meat products from $37,800 to 
$38,900 and raised the dollar limitation of permitted sales for poultry 
products from $33,100 to $34,500.

    Done at Washington, DC on: March 11, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 93-6241 Filed 3-16-93; 8:45 am]
BILLING CODE 3410-DM-M