[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20467-20468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07098]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2023-0007]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service (FSIS), Department of 
Agriculture (USDA).

ACTION: Notice.

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SUMMARY: 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 May 8, 2023.

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) 937-4272.

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 2022 reveals an annual average price increase for meat 
and meat products of 8.20 percent, an average annual price increase for 
Siluriformes fish and fish products of 9.15 percent, and an annual 
average price increase for poultry and poultry products of 14.58 
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 $7,500 \1\ and the retail dollar limitation 
for poultry and poultry products increased by $9,200.\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 and poultry and 
poultry products increased by more than $500, FSIS is increasing the 
dollar limitation on sales to hotels, restaurants, and similar 
institutions to $98,900 for meat and meat products and to $72,000 for

[[Page 20468]]

poultry and poultry products for calendar year 2023.
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    \1\ The base value for meat and meat products in 2022 was 
$91,390 rounded to the nearest $100 dollar to $91,400. The base 
value included $88,669 for meat and meat products and $2,721 to 
account for Siluriformes fish and fish products. The meat and meat 
products prices increased by 8.20 percent, or $7,271 ($88,669 x 
0.0820 = $7,271), during 2022. The Siluriformes fish and fish 
products prices increased by 9.15 percent, or $249 ($2,721 x 0.0915 
= $249), during 2022. Combined, the value for meat and meat products 
that includes Siluriformes fish and fish products increased by 
$7,520 ($7,271 + $249). Since this change is more than $500, the 
retail dollar limitation is adjusted to $98,900 [($88,669 + $7,271) 
+ ($2,721 + $249) = $98,910 which is rounded to $98,900].
    \2\ The base value for poultry and poultry products in 2022 was 
$62,824 rounded to the nearest $100 dollar to $62,800. The poultry 
and poultry products prices increased by 14.58 percent, or $9,160 
($62,824 x 0.1458 = $9,160), during 2022. Since this change is more 
than $500, the retail dollar limitation is adjusted to $72,000 
($62,824 + $9,160 = $71,984 rounded to $72,000.)
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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 USDA civil rights 
regulations and policies, USDA, its Mission Areas, agencies, staff 
offices, 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.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a 
letter addressed to USDA. The letter must contain the complainant's 
name, address, telephone number, and a written description of the 
alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted 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: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2023-07098 Filed 4-5-23; 8:45 am]
BILLING CODE 3410-DM-P