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)

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, 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