[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Notices]
[Pages 26202-26203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10129]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / 
Notices  

[[Page 26202]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2021-0011]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service, Agriculture (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 June 14, 2021.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 
20250-3700; (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 2020 reveals an annual average price increase for meat 
and meat food products at 7.38 percent, an average annual price 
increase for Siluriformes fish and fish products at 3.26 percent, and 
an annual average price increase for poultry and poultry products at 
5.6 percent. When rounded to the nearest $100 dollar, the retail dollar 
limitation for meat and meat food products, including Siluriformes fish 
and fish products, increased by $5,700 \1\ and the retail dollar 
limitation for poultry and poultry products increased by $3,200. 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 
increased by more than $500, FSIS is increasing the dollar limitation 
on sales to hotels, restaurants, and similar institutions to $84,900 
for meat and meat food products for calendar year 2021. Because the 
retail dollar limitations for poultry and poultry products increased by 
more than $500, FSIS is increasing the dollar limitation on sales to 
hotels, restaurants, and similar institutions to $59,800 for poultry 
and poultry products for calendar year 2021.
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    \1\ The base value for ``meat and meat products'' in 2020 was 
$79,200, which included $76,700 for meat and meat products and 
$2,500 to account for Siluriformes fish and fish products. The meat 
and meat products prices increased by 7.38 percent or $5,660 
($76,700 x 0.0738 = $5,660) during 2020. The Siluriformes fish and 
fish products prices increased by 3.26 percent or $82 ($2,500 x 
0.0326 = $82) during 2020. Combined, the value for ``meat and meat 
products'' that includes Siluriformes fish and fish products 
increased by $5,742 ($5,660 + $82). Since this change is more than 
$500, the base is adjusted to nearest $100 or $5,700.
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Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register 
publication 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 web page, FSIS 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: https://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

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/

[[Page 26203]]

parental status, income derived from a public assistance program, 
political beliefs, or reprisal or retaliation for prior civil rights 
activity, in any program or activity conducted or funded by USDA (not 
all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all of the information requested in the form. To request a 
copy of the complaint form, call (866) 632-9992. Submit your completed 
form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, 
Office of the Assistant Secretary for Civil Rights, 1400 Independence 
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) 
email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2021-10129 Filed 5-12-21; 8:45 am]
BILLING CODE 3410-DM-P