[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Pages 13111-13112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5830]



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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 95-002N]


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 limitation currently in 
effect on the annual sales of 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, has been adjusted to conform with price change for 
poultry products as indicated by the Consumer Price Index. The dollar 
limitation for poultry products increased from $34,500 to $35,700 for 
calendar year 1995. The dollar limitation for meat products remains at 
$38,900 for calendar year 1995.

EFFECTIVE DATE: March 10, 1995.

FOR FURTHER INFORMATION CONTACT: Paula M. Cohen, Director, Regulations 
Development, Policy, Evaluation and Planning Staff, Food Safety and 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250, (202) 720-7164.

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, whether an establishment is 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 1994, the maximum 
amount for meat products was $38,900; for poultry products, the amount 
was $34,500.
    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 1994 indicates an average annual 
price increase in meat products of 0.6 percent and an average annual 
price increase in poultry products of 3.4 percent. When rounded off to 
the nearest $100, the price increase for meat products amounts to $200 
and the price increase for poultry products amounts to $1,200. As a 
percentage of the existing dollar limitation, change in excess of $500 
is indicated for poultry products only.
    Accordingly, FSIS, in accordance with Secs. 303.1(d)(2)(iii)(b) and 
381.10(d)(2)(iii)(b) of the regulations, has maintained the dollar 
limitation of permitted sales of meat products at $38,900 and raised 
the dollar limitation of permitted sales for poultry products from 
$34,500 to $35,700.

    [[Page 13112]] Done at Washington, DC, on February 28, 1995.

Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 95-5830 Filed 3-9-95; 8:45 am]
BILLING CODE 3410-DM-P