[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28049-28050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10849]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2016-0011]
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 2016, the dollar limitation for
meat and meat food products is being increased from $76,900 to $79,200.
The new value for the dollar limitation for poultry and poultry
products remains unchanged at $58,200. FSIS is changing the dollar
limitations from calendar year 2015 based on price changes for these
products evidenced by the Consumer Price Index.
FSIS has provided an 18-month transitional period for mandatory
inspection of Siluriformes fish and fish products. FSIS is currently
considering the retail dollar limitations for this product. At this
time, FSIS will not apply the meat retail dollar limitations to
Siluriformes fish and fish products sold at retail because FSIS is
assessing retail and similar institutions that produce this product
during the 18-month period and because the Consumer Price Index for
meat and meat products does not apply to Siluriformes fish and fish
products.
DATES: Effective Date: June 8, 2016.
FOR FURTHER INFORMATION CONTACT: Gina Kouba, Issuances Staff, Office of
Policy and Program Development, Food Safety and Inspection Service,
USDA, 1400 Independence Avenue SW., Room 6067, South Building,
Washington, DC 20250; (202) 690-6510.
SUPPLEMENTARY INFORMATION:
[[Page 28050]]
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 retail 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 2015 reveals an annual average price increase for meat
and meat food products at 3.03 percent and for poultry products at 0.4
percent. When rounded to the nearest $100, the dollar limitation for
meat and meat food products increased by $2,327 and the dollar
limitation for poultry products increased by $231. In accordance with 9
CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), 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 $79,200
for meat and meat food products. Because the increase in poultry prices
is less than $500, FSIS is making no adjustment in dollar limitation
for poultry and poultry products. The dollar limitation for poultry and
poultry products remains unchanged at $58,200.
Additional Public Notification
FSIS will announce this rule online through the FSIS Web page
located at http://www.fsis.usda.gov/federal-register.
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/subscribe.
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.
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:
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).
Done, at Washington, DC on: May 4, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-10849 Filed 5-6-16; 8:45 am]
BILLING CODE 3410-DM-P