[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