81_FR_28138 81 FR 28049 - Retail Exemptions Adjusted Dollar Limitations

81 FR 28049 - Retail Exemptions Adjusted Dollar Limitations

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range28049-28050
FR Document2016-10849

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.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016) 
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28049-28050]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28049 undenatured inedible egg products into Additional Public Notification (Braille, large print, audiotape, etc.), the United States (9 CFR 590.45(d)). Public awareness of all segments of should contact USDA’s TARGET Center Undenatured inedible meat and egg rulemaking and policy development is at (202) 720–2600 (voice and TDD). products may be imported into the important. Consequently, FSIS will Done at Washington, DC on: May 4, 2016. United States if they meet the announce this Federal Register Alfred V. Almanza, requirements of FSIS’s regulations (9 publication on-line through the FSIS Acting Administrator. CFR 325.11(e) and 590.45(d)). Inedible Web page located at: http:// [FR Doc. 2016–10855 Filed 5–6–16; 8:45 am] poultry must be denatured, regardless of www.fsis.usda.gov/federal-register. the intended use (9 CFR 381.193). Thus, BILLING CODE 3410–DM–P FSIS also will make copies of this undenatured inedible poultry product publication available through the FSIS may not be imported into the United Constituent Update, which is used to DEPARTMENT OF AGRICULTURE States. provide information regarding FSIS Firms will complete FSIS Form 9540– Food Safety and Inspection Service policies, procedures, regulations, 4, ‘‘Permit Holder—Importation of Federal Register notices, FSIS public Undenatured Inedible Product’’ for the meetings, and other types of information [Docket No. FSIS–2016–0011] undenatured inedible product that they that could affect or would be of interest are importing into the United States. to our constituents and stakeholders. Retail Exemptions Adjusted Dollar FSIS will use the information on the The Update is available on the FSIS Limitations forms to keep track of the movement of Web page. Through the Web page, FSIS imported undenatured inedible meat AGENCY: Food Safety and Inspection is able to provide information to a much and egg products. Service, USDA. FSIS has made the following broader, more diverse audience. In addition, FSIS offers an email ACTION: Notice. estimates on the basis of an information collection assessment. subscription service which provides automatic and customized access to SUMMARY: The Food Safety and Estimate of Burden: FSIS estimates Inspection Service (FSIS) is announcing that it takes respondents an average of selected food safety news and information. This service is available at: the dollar limitations on the amount of 33 hours per year to complete the forms. meat and meat food products, poultry, Respondents: Importers. http://www.fsis.usda.gov/subscribe. Estimated No. of Respondents: 20. Options range from recalls to export and poultry products that a retail store Estimated No. of Annual Responses information, regulations, directives, and can sell to hotels, restaurants, and per Respondent: 200. notices. Customers can add or delete similar institutions without Estimated Total Annual Burden on subscriptions themselves, and have the disqualifying itself for exemption from Respondents: 667 hours. option to password protect their Federal inspection requirements. In Copies of this information collection accounts. accordance with FSIS’s regulations, for assessment can be obtained from Gina calendar year 2016, the dollar limitation USDA Non-Discrimination Statement for meat and meat food products is Kouba, Paperwork Reduction Act Coordinator, Food Safety and Inspection No agency, officer, or employee of the being increased from $76,900 to Service, USDA, 1400 Independence, USDA shall, on the grounds of race, $79,200. The new value for the dollar SW., 6065, South Building, Washington, color, national origin, religion, sex, limitation for poultry and poultry DC 20250; (202) 720–5627. gender identity, sexual orientation, products remains unchanged at $58,200. Comments are invited on: (a) Whether disability, age, marital status, family/ FSIS is changing the dollar limitations the proposed collection of information parental status, income derived from a from calendar year 2015 based on price is necessary for the proper performance public assistance program, or political changes for these products evidenced by of FSIS’s functions, including whether beliefs, exclude from participation in, the Consumer Price Index. the information will have practical deny the benefits of, or subject to FSIS has provided an 18-month utility; (b) the accuracy of FSIS’s discrimination any person in the United transitional period for mandatory estimate of the burden of the proposed States under any program or activity inspection of Siluriformes fish and fish collection of information, including the conducted by the USDA. products. FSIS is currently considering validity of the methodology and the retail dollar limitations for this How To File a Complaint of assumptions used; (c) ways to enhance product. At this time, FSIS will not Discrimination the quality, utility, and clarity of the apply the meat retail dollar limitations information to be collected; and (d) To file a complaint of discrimination, to Siluriformes fish and fish products ways to minimize the burden of the complete the USDA Program sold at retail because FSIS is assessing collection of information, including Discrimination Complaint Form, which retail and similar institutions that through the use of appropriate may be accessed online at http:// produce this product during the 18- automated, electronic, mechanical, or www.ocio.usda.gov/sites/default/files/ month period and because the other technological collection docs/2012/Complain_combined_6_8_ Consumer Price Index for meat and techniques, or other forms of 12.pdf, or write a letter signed by you meat products does not apply to information technology. Comments may or your authorized representative. Siluriformes fish and fish products. be sent to both FSIS, at the addresses Send your completed complaint form DATES: Effective Date: June 8, 2016. provided above, and the Desk Officer for or letter to USDA by mail, fax, or email: Mail: U.S. Department of Agriculture, FOR FURTHER INFORMATION CONTACT: Gina Agriculture, Office of Information and mstockstill on DSK3G9T082PROD with NOTICES Regulatory Affairs, Office of Director, Office of Adjudication, 1400 Kouba, Issuances Staff, Office of Policy Management and Budget, Washington, Independence Avenue SW., and Program Development, Food Safety DC 20253. Washington, DC 20250–9410, Fax: (202) and Inspection Service, USDA, 1400 Responses to this notice will be 690–7442, Email: program.intake@ Independence Avenue SW., Room 6067, summarized and included in the request usda.gov. South Building, Washington, DC 20250; for OMB approval. All comments will Persons with disabilities who require (202) 690–6510. also become a matter of public record. alternative means for communication SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1

28050 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices Background institutions to $79,200 for meat and Send your completed complaint form The Federal Meat Inspection Act (21 meat food products. Because the or letter to USDA by mail, fax, or email: U.S.C. 601 et seq.) and the Poultry increase in poultry prices is less than Mail: U.S. Department of Agriculture, Products Inspection Act (21 U.S.C. 451 $500, FSIS is making no adjustment in Director, Office of Adjudication, 1400 et seq.) provide a comprehensive dollar limitation for poultry and poultry Independence Avenue SW., statutory framework to ensure that meat, products. The dollar limitation for Washington, DC 20250–9410. poultry and poultry products remains Fax: (202) 690–7442. meat food products, poultry, and unchanged at $58,200. Email: program.intake@usda.gov. poultry products prepared for commerce Persons with disabilities who require are wholesome, not adulterated, and Additional Public Notification alternative means for communication properly labeled and packaged. FSIS will announce this rule online (Braille, large print, audiotape, etc.), Statutory provisions requiring through the FSIS Web page located at should contact USDA’s TARGET Center inspection of the preparation or http://www.fsis.usda.gov/federal- at (202) 720–2600 (voice and TDD). processing of meat, meat food, poultry, and poultry products do not apply to register. Done, at Washington, DC on: May 4, 2016. operations of types traditionally and FSIS will also make copies of this Alfred V. Almanza, usually conducted at retail stores and Federal Register publication available Acting Administrator. restaurants when those operations are through the FSIS Constituent Update, [FR Doc. 2016–10849 Filed 5–6–16; 8:45 am] conducted at any retail store or which is used to provide information BILLING CODE 3410–DM–P restaurant or similar retail-type regarding FSIS policies, procedures, establishment for sale in normal retail regulations, Federal Register notices, quantities (21 U.S.C. 661(c)(2) and FSIS public meetings, and other types of DEPARTMENT OF COMMERCE 454(c)(2)). FSIS’s regulations (9 CFR information that could affect or would 303.1(d) and 381.10(d)) elaborate on the be of interest to constituents and Office of the Secretary conditions under which requirements stakeholders. The Update is communicated via Listserv, a free [DOCKET NO.: 160407316–6316–01] for inspection do not apply to retail operations involving the preparation of electronic mail subscription service for industry, trade groups, consumer Public Availability of Department of meat and meat food, and processing of Commerce FY 2015 Service Contract poultry and poultry products. interest groups, health professionals, and other individuals who have asked Inventory Sales to Hotels, Restaurants, and to be included. The Update is also AGENCY: Office of the Secretary, Similar Institutions available on the FSIS Web page. In Department of Commerce. Under these regulations, sales to addition, FSIS offers an electronic mail ACTION: Notice of Public Availability of hotels, restaurants, and similar subscription service which provides FY 2015 Service Contract Inventories institutions (other than household automatic and customized access to and supplemental data. consumers) disqualify a retail store for selected food safety news and exemption if the product sales exceed information. This service is available at SUMMARY: In accordance with Section either of two maximum limits: 25 http://www.fsis.usda.gov/subscribe. 743 of Division C of the Consolidated percent of the dollar value of total Options range from recalls to export Appropriations Act of 2010 (Pub. L. product sales or the calendar year dollar information to regulations, directives 111–117), the Department of Commerce limitation set by the Administrator. The and notices. Customers can add or is publishing this notice to advise the dollar limitation is adjusted delete subscriptions themselves, and public of the availability of the Fiscal automatically during the first quarter of have the option to password protect Year (FY) 2015 Service Contract the year if the Consumer Price Index their accounts. Inventory, a report that analyzes the (CPI), published by the Bureau of Labor Department’s FY 2014 Service Contract USDA Non-Discrimination Statement Inventory and an inventory supplement Statistics, shows an increase or decrease of more than $500 in the price of the No agency, officer, or employee of the that identifies the amount invoiced and same volume of product for the previous USDA shall, on the grounds of race, direct labor hours for covered service year. FSIS publishes a notice of the color, national origin, religion, sex, contract actions. adjusted dollar limitations in the gender identity, sexual orientation, The service contract inventory Federal Register. (See 9 CFR disability, age, marital status, family/ provides information on service contract 303.1(d)(2)(iii)(b) and parental status, income derived from a actions over $25,000 made in FY 2015. 381.10(d)(2)(iii)(b).) public assistance program, or political The information is organized by The CPI for 2015 reveals an annual beliefs, exclude from participation in, function to show how contracted average price increase for meat and meat deny the benefits of, or subject to resources are distributed throughout the food products at 3.03 percent and for discrimination any person in the United agency. The inventory has been poultry products at 0.4 percent. When States under any program or activity developed in accordance with guidance rounded to the nearest $100, the dollar conducted by the USDA. on service contract inventories issued limitation for meat and meat food on November 5, 2010, by the Office of How To File a Complaint of Management and Budget’s Office of products increased by $2,327 and the Discrimination Federal Procurement Policy (OFPP). dollar limitation for poultry products increased by $231. In accordance with To file a complaint of discrimination, ADDRESSES: The Department of mstockstill on DSK3G9T082PROD with NOTICES 9 CFR 303.1(d)(2)(iii)(b) and complete the USDA Program Commerce has posted its FY 2015 381.10(d)(2)(iii)(b), because the dollar Discrimination Complaint Form, which inventory, summary, FY 2014 Analysis limitation of meat and meat food may be accessed online at http:// Report and supplemental data on the products and poultry products www.ocio.usda.gov/sites/default/files/ Office of Acquisition Management increased by more than $500, FSIS is docs/2012/Complain_combined_6_8_ homepage at the following link http:// increasing the dollar limitation on sales 12.pdf, or write a letter signed by you www.osec.doc.gov/oam/. OFPP’s to hotels, restaurants, and similar or your authorized representative. guidance memo on service contract VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\09MYN1.SGM 09MYN1


Document Created: 2018-02-07 14:50:07
Document Modified: 2018-02-07 14:50:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: June 8, 2016.
ContactGina 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.
FR Citation81 FR 28049 
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