[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23902-23903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09512]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2013-0013]
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,
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. In accordance with
FSIS's regulations, for calendar year 2013, the dollar limitation for
meat and meat food products is being increased from $67,300 to $69,600
and for poultry products from $51,700 to $54,500. FSIS is changing the
dollar limitations from calendar year 2012 based on price changes for
these products evidenced by the Consumer Price Index.
DATES: Effective Date: This notice is effective April 23, 2013.
FOR FURTHER INFORMATION CONTACT: John O'Connell, Policy Issuances
Division, Office of Policy and Program Development, FSIS, U.S.
Department of Agriculture, Room 6083 South Building, 1400 Independence
Avenue SW., Washington, DC 20250-3700; Telephone: (202) 720-0345.
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, meat food
products, poultry, and poultry products prepared for commerce are
wholesome, not adulterated, and properly labeled and packaged.
Statutory provisions requiring inspection of the preparation or
processing of meat, meat food, poultry, and poultry products do not
apply to operations of types traditionally and usually conducted at
retail stores and restaurants when those operations are conducted at
any retail store or restaurant or similar retail-type establishment for
sale 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, and
processing of poultry and poultry products.
Sales to Hotels, Restaurants, and Similar Institutions
Under these regulations, sales to hotels, restaurants, and similar
institutions (other than household consumers) disqualify a store for
exemption if the product sales exceed either of two maximum limits: 25
percent of the dollar value of total product sales or the calendar year
dollar limitation set by the Administrator. The 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 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 2012 reveals an annual average price increase for meat
and meat food products at 3.4 percent and for poultry products at 5.5
percent. When rounded to the nearest $100, the dollar limitation for
meat and meat food products increased by $2,300 and the dollar
limitation for poultry products increased by $2,800. Because the dollar
limitation of meat and meat food products and poultry products
increased by more than $500, FSIS is increasing the dollar limitation
on sales to hotels, restaurants, and similar institutions to $69,600
for meat and meat food products and to $54,500 for poultry products for
calendar year 2013, in accordance with 9 CFR 303.1(d)(2)(iii)(b) and
381.10(d)(2)(iii)(b).
[[Page 23903]]
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's Target Center at
(202) 720-2600 (voice and TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue
SW., Washington, DC 20250-9410 or call (202) 720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
Additional Public Notification
FSIS will announce this notice online through the FSIS Web page
located at http://www.fsis.usda.gov/regulations_&_policies/Federal_Register_Notices/index.asp.
FSIS will also make copies of this Federal Register publication
available 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 constituents and
stakeholders. The Update is communicated via Listserv, a free
electronic mail subscription service for industry, trade groups,
consumer interest groups, health professionals, and other individuals
who have asked to be included. The Update is also available on the FSIS
Web page. In addition, FSIS offers an electronic mail 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/News_&_Events/Email_Subscription/. Options range
from recalls to export information to regulations, directives and
notices. Customers can add or delete subscriptions themselves, and have
the option to password protect their accounts.
Done at Washington, DC, on April 18, 2013.
Alfred V. Almanza,
Administrator.
[FR Doc. 2013-09512 Filed 4-22-13; 8:45 am]
BILLING CODE 3410-DM-P