[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14237-14238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05341]


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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 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
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  Federal Register / Vol. 87, No. 49 / Monday, March 14, 2022 / 
Notices  

[[Page 14237]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2022-0007]


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 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 April 13, 2022.

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 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 
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' 
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 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 of amenable 
products exceed either of two maximum limits: 25 percent of the dollar 
value of the total retail product sales 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 2021 reveals an annual average price increase for meat 
and meat products of 7.66 percent, an average annual price increase for 
Siluriformes fish and fish products of 5.39 percent, and an annual 
average price increase for poultry and poultry products of 5.11 
percent. When rounded to the nearest $100 dollar, the retail dollar 
limitation for meat and meat products, including Siluriformes fish and 
fish products, increased by $6,400 \1\ and the retail dollar limitation 
for poultry and poultry products increased by $3,100.\2\ 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 products increased by more 
than $500, FSIS is increasing the dollar limitation on sales to hotels, 
restaurants, and similar institutions to $91,400 for meat and meat 
products for calendar year 2022. 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 $62,800 for poultry and poultry products for 
calendar year 2022.
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    \1\ The base value for meat and meat products in 2021 was 
$84,942 rounded to the nearest $100 dollar to $84,900. The base 
value included $82,360 for meat and meat products and $2,582 to 
account for Siluriformes fish and fish products. The meat and meat 
products prices increased by 7.66 percent, or $6,309 ($82,360 x 
0.0766 = $6,309), during 2021. The Siluriformes fish and fish 
products prices increased by 5.39 percent, or $139 ($2,582 x 0.0539 
= $139), during 2021. Combined, the value for meat and meat products 
that includes Siluriformes fish and fish products increased by 
$6,448 ($6,309 + $139). Since this change is more than $500, the 
retail dollar limitation is adjusted to $91,400 [($82,360 + $6,309) 
+ ($2,582 + $139) = $91,390 which is rounded to $91,400].
    \2\ The base value for poultry and poultry products in 2021 was 
$59,770 rounded to the nearest $100 dollar to $59,800. The poultry 
and poultry products prices increased by 5.11 percent, or $3,054 
($59,770 x 0.0511 = $3,054), during 2021. Since this change is more 
than $500, the retail dollar limitation is adjusted to $62,800 
($59,770 + $3,054 = $62,824 rounded to $62,800.)
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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

[[Page 14238]]

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/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. 2022-05341 Filed 3-11-22; 8:45 am]
BILLING CODE 3410-DM-P