[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Notices]
[Pages 29495-29496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13109]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2019-0007]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the dollar limitations on the amount of meat and meat food products and 
poultry and poultry products that a retail store can sell to hotels, 
restaurants, and similar institutions without disqualifying itself for 
exemption from Federal inspection requirements.

DATES: Applicable: July 24, 2019.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Room 6065, South Building, Washington, DC 
20250; (202) 720-5627.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the 
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) provide a 
comprehensive statutory framework to ensure that meat and meat food 
products and poultry and poultry products prepared for commerce are 
wholesome, not adulterated, and properly labeled and packaged. 
Statutory provisions requiring inspection of the processing of meat and 
meat food products and poultry and poultry products do not apply to 
operations of types traditionally and usually conducted at retail 
stores and restaurants in regard to products offered for sale to 
consumers in normal retail quantities (21 U.S.C. 661(c)(2) and 
454(c)(2)). FSIS's regulations (9 CFR 303.1(d) and 381.10(d)) elaborate 
on the conditions under which requirements for inspection do not apply 
to retail operations involving the preparation of meat and meat food 
products and the processing of poultry and poultry products.

Sales to Hotels, Restaurants, and Similar Institutions

    Under the aforementioned regulations, sales to hotels, restaurants, 
and similar institutions (other than household consumers) disqualify a 
retail store from exemption if the retail product sales exceed either 
of two maximum limits: 25 percent of the dollar value of the total 
retail product sales of the amenable product or the calendar year 
retail dollar limitation set by the FSIS Administrator. The retail 
dollar limitation is adjusted automatically during the first quarter of 
the year if the Consumer Price Index (CPI), published by the Bureau of 
Labor Statistics, shows an increase or decrease of more than $500 in 
the price of the same volume of product for the previous year. FSIS 
publishes a notice of the adjusted retail dollar limitations in the 
Federal Register. (See 9 CFR 303.1(d)(2)(iii)(b) and 
381.10(d)(2)(iii)(b).)
    The CPI for 2018 reveals an annual average price increase for meat 
and meat food products at 0.41 percent and an annual average price 
increase for poultry and poultry products at 0.32 percent. When rounded 
to the nearest dollar, the retail dollar limitation for meat and meat 
food products increased by $310 and the retail dollar limitation for 
poultry and poultry products increased by $183. In accordance with 9 
CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the retail 
dollar limitations for meat and meat food products and poultry and 
poultry products did not increase or decrease by more than $500, FSIS 
is making no adjustment in the retail dollar limitations on sales to 
hotels, restaurants, and similar institutions. The retail dollar 
limitation for meat and meat food products remains unchanged at $75,700 
and the retail dollar limitation for poultry and poultry products 
remains unchanged at $56,600 for calendar year 2019. FSIS is currently 
considering the retail dollar limitations for Siluriformes fish and 
fish products. FSIS intends to include Siluriformes fish and fish 
products in its calculations for retail dollar limitations for meat 
products in future Federal Register notices that announce retail dollar 
limitations.

Congressional Review Act

    Pursuant to the Congressional Review Act at 5 U.S.C. 801 et seq., 
the Office of Information and Regulatory Affairs has determined that 
this notice is not a ``major rule,'' as defined by 5 U.S.C. 804(2).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register notice on-line through its web page located at: http://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register 
notice through the FSIS Constituent Update, which is used to provide 
information regarding FSIS policies, procedures, regulations, Federal 
Register notices, FSIS public meetings, and other types of information 
that could affect or would be of interest to our constituents and 
stakeholders. The Constituent Update is available on the FSIS web page. 
Through the FSIS web page, the Agency can provide information to a much 
broader, more diverse audience. In addition, FSIS offers an email 
subscription service which provides automatic and customized access to 
selected food safety news and information. This service is available 
at: http://www.fsis.usda.gov/subscribe. Options range from recalls to 
export information, regulations, directives, and notices. Customers can 
add or delete subscriptions themselves and have the option to password 
protect their accounts.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:

[[Page 29496]]

    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019-13109 Filed 6-21-19; 8:45 am]
 BILLING CODE 3410-DM-P