82_FR_25330 82 FR 25226 - Retail Exemptions Adjusted Dollar Limitations

82 FR 25226 - Retail Exemptions Adjusted Dollar Limitations

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25226-25227
FR Document2017-11337

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 2017, the dollar limitation for meat and meat food products is being decreased from $79,200 to $75,700 and for poultry and poultry products from $58,200 to $56,600. FSIS is changing the dollar limitations from calendar year 2016 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.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25226-25227]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11337]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2017-0015]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

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 2017, the dollar limitation for 
meat and meat food products is being decreased from $79,200 to $75,700 
and for poultry and poultry products from $58,200 to $56,600. FSIS is 
changing the dollar limitations from calendar year 2016 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.

DATES: Effective Date: July 3, 2017.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW., Room 6065, South Building, Washington, DC 
20250; (202) 720-5627.

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 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 in regard to products for sale to consumers 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 2016 reveals an annual average price decrease for meat 
and meat food products at 4.4 percent and for poultry products at 2.7 
percent. When rounded to the nearest $100, the dollar limitation for 
meat and meat food products decreased by $3,500 and the dollar 
limitation for poultry products decreased by $1,600. 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 
decreased by more than $500, FSIS is decreasing the dollar limitation 
on sales to hotels, restaurants, and similar institutions to $75,700 
for meat and meat food products and to $56,600 for poultry products for 
calendar year 2017.

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

[[Page 25227]]

(Braille, large print, audiotape, etc.), should contact USDA's TARGET 
Center at (202) 720-2600 (voice and TDD).

    Done, at Washington, DC on: May 25, 2017.
Alfred V. Almanza,
Administrator.
[FR Doc. 2017-11337 Filed 5-31-17; 8:45 am]
 BILLING CODE P



                                                  25226                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                     Mail: U.S. Department of Agriculture,                Products Inspection Act (21 U.S.C. 451                Additional Public Notification
                                                  Director, Office of Adjudication, 1400                  et seq.) provide a comprehensive                        FSIS will announce this rule online
                                                  Independence Avenue SW.,                                statutory framework to ensure that meat,              through the FSIS Web page located at
                                                  Washington, DC 20250–9410.                              meat food products, poultry, and                      http://www.fsis.usda.gov/federal-
                                                     Fax: (202) 690–7442.                                 poultry products prepared for commerce                register.
                                                     Email: program.intake@usda.gov.                      are wholesome, not adulterated, and                     FSIS will also make copies of this
                                                  Persons with disabilities who require                   properly labeled and packaged.                        Federal Register publication available
                                                  alternative means for communication                     Statutory provisions requiring                        through the FSIS Constituent Update,
                                                  (Braille, large print, audiotape, etc.)                 inspection of the processing of meat,                 which is used to provide information
                                                  should contact USDA’s TARGET Center                     meat food, poultry, and poultry                       regarding FSIS policies, procedures,
                                                  at (202) 720–2600 (voice and TDD).                                                                            regulations, Federal Register notices,
                                                                                                          products do not apply to operations of
                                                    Done at Washington, DC, on: May 25, 2017.             types traditionally and usually                       FSIS public meetings, and other types of
                                                  Alfred V. Almanza,                                      conducted at retail stores and                        information that could affect or would
                                                  Administrator.                                          restaurants in regard to products for sale            be of interest to constituents and
                                                  [FR Doc. 2017–11332 Filed 5–31–17; 8:45 am]             to consumers in normal retail quantities              stakeholders. The Update is
                                                  BILLING CODE 3410–DM–P                                  (21 U.S.C. 661(c)(2) and 454(c)(2)).                  communicated via Listserv, a free
                                                                                                          FSIS’s regulations (9 CFR 303.1(d) and                electronic mail subscription service for
                                                                                                          381.10(d)) elaborate on the conditions                industry, trade groups, consumer
                                                  DEPARTMENT OF AGRICULTURE                                                                                     interest groups, health professionals,
                                                                                                          under which requirements for
                                                                                                                                                                and other individuals who have asked
                                                                                                          inspection do not apply to retail
                                                  Food Safety and Inspection Service                                                                            to be included. The Update is also
                                                                                                          operations involving the preparation of               available on the FSIS Web page. In
                                                  [Docket No. FSIS–2017–0015]                             meat and meat food, and processing of                 addition, FSIS offers an electronic mail
                                                                                                          poultry and poultry products.                         subscription service which provides
                                                  Retail Exemptions Adjusted Dollar
                                                  Limitations                                             Sales to Hotels, Restaurants, and                     automatic and customized access to
                                                                                                          Similar Institutions                                  selected food safety news and
                                                  AGENCY:  Food Safety and Inspection                                                                           information. This service is available at
                                                  Service, USDA.                                             Under these regulations, sales to                  http://www.fsis.usda.gov/subscribe.
                                                  ACTION: Notice.                                         hotels, restaurants, and similar                        Options range from recalls to export
                                                                                                          institutions (other than household                    information to regulations, directives
                                                  SUMMARY:    The Food Safety and                         consumers) disqualify a retail store for              and notices. Customers can add or
                                                  Inspection Service (FSIS) is announcing                 exemption if the product sales exceed                 delete subscriptions themselves, and
                                                  the dollar limitations on the amount of                 either of two maximum limits: 25                      have the option to password protect
                                                  meat and meat food products, poultry,                   percent of the dollar value of total                  their accounts.
                                                  and poultry products that a retail store                product sales or the calendar year dollar
                                                  can sell to hotels, restaurants, and                                                                          USDA Non-Discrimination Statement
                                                                                                          limitation set by the Administrator. The                No agency, officer, or employee of the
                                                  similar institutions without
                                                                                                          dollar limitation is adjusted                         USDA shall, on the grounds of race,
                                                  disqualifying itself for exemption from
                                                                                                          automatically during the first quarter of             color, national origin, religion, sex,
                                                  Federal inspection requirements. In
                                                  accordance with FSIS’s regulations, for                 the year if the Consumer Price Index                  gender identity, sexual orientation,
                                                  calendar year 2017, the dollar limitation               (CPI), published by the Bureau of Labor               disability, age, marital status, family/
                                                  for meat and meat food products is                      Statistics, shows an increase or decrease             parental status, income derived from a
                                                  being decreased from $79,200 to                         of more than $500 in the price of the                 public assistance program, or political
                                                  $75,700 and for poultry and poultry                     same volume of product for the previous               beliefs, exclude from participation in,
                                                  products from $58,200 to $56,600. FSIS                  year. FSIS publishes a notice of the                  deny the benefits of, or subject to
                                                  is changing the dollar limitations from                 adjusted dollar limitations in the                    discrimination any person in the United
                                                  calendar year 2016 based on price                       Federal Register. (See 9 CFR                          States under any program or activity
                                                  changes for these products evidenced by                 303.1(d)(2)(iii)(b) and                               conducted by the USDA.
                                                  the Consumer Price Index.                               381.10(d)(2)(iii)(b).)
                                                                                                                                                                How To File a Complaint of
                                                     FSIS has provided an 18-month                           The CPI for 2016 reveals an annual                 Discrimination
                                                  transitional period for mandatory                       average price decrease for meat and
                                                  inspection of Siluriformes fish and fish                                                                         To file a complaint of discrimination,
                                                                                                          meat food products at 4.4 percent and
                                                  products. FSIS is currently considering                                                                       complete the USDA Program
                                                                                                          for poultry products at 2.7 percent.
                                                  the retail dollar limitations for this                                                                        Discrimination Complaint Form, which
                                                                                                          When rounded to the nearest $100, the
                                                  product.                                                                                                      may be accessed online at http://
                                                                                                          dollar limitation for meat and meat food
                                                                                                                                                                www.ocio.usda.gov/sites/default/files/
                                                  DATES:   Effective Date: July 3, 2017.                  products decreased by $3,500 and the                  docs/2012/Complain_combined_6_8_
                                                  FOR FURTHER INFORMATION CONTACT:   Gina                 dollar limitation for poultry products                12.pdf, or write a letter signed by you
                                                  Kouba, Office of Policy and Program                     decreased by $1,600. In accordance with               or your authorized representative.
                                                  Development, Food Safety and                            9 CFR 303.1(d)(2)(iii)(b) and                            Send your completed complaint form
                                                  Inspection Service, USDA, 1400                          381.10(d)(2)(iii)(b), because the dollar              or letter to USDA by mail, fax, or email:
                                                  Independence Avenue SW., Room 6065,                     limitation of meat and meat food                         Mail: U.S. Department of Agriculture
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                                                  South Building, Washington, DC 20250;                   products and poultry products                         Director, Office of Adjudication 1400
                                                  (202) 720–5627.                                         decreased by more than $500, FSIS is                  Independence Avenue SW.,
                                                  SUPPLEMENTARY INFORMATION:                              decreasing the dollar limitation on sales             Washington, DC 20250–9410.
                                                                                                          to hotels, restaurants, and similar                      Fax: (202) 690–7442.
                                                  Background                                              institutions to $75,700 for meat and                     Email: program.intake@usda.gov.
                                                    The Federal Meat Inspection Act (21                   meat food products and to $56,600 for                 Persons with disabilities who require
                                                  U.S.C. 601 et seq.) and the Poultry                     poultry products for calendar year 2017.              alternative means for communication


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                                                                                     Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                                      25227

                                                  (Braille, large print, audiotape, etc.),                     collection of information on those who                          of the Food and Nutrition Act of 2008,
                                                  should contact USDA’s TARGET Center                          are to respond, including use of                                as amended; the regulatory requirement
                                                  at (202) 720–2600 (voice and TDD).                           appropriate automated, electronic,                              for the QC reporting requirements is
                                                    Done, at Washington, DC on: May 25, 2017.                  mechanical, or other technological                              provided by 7 CFR 275.14(d) and 7 CFR
                                                  Alfred V. Almanza,
                                                                                                               collection techniques or other forms of                         275.2; and the legislative requirement
                                                                                                               information technology.                                         for the recordkeeping requirements is
                                                  Administrator.
                                                                                                                 Comments may be sent to: Lacy                                 Section 11(a) of the Act. In addition,
                                                  [FR Doc. 2017–11337 Filed 5–31–17; 8:45 am]                  O’Neal, Food and Nutrition Service,                             SNAP regulations, in Section 272.1(f),
                                                  BILLING CODE P                                               U.S. Department of Agriculture, 3101                            specify that program records are to be
                                                                                                               Park Center Drive, Room 824,                                    retained for a period of three years from
                                                                                                               Alexandria, VA 22302. Comments may                              the date of fiscal or administrative
                                                  DEPARTMENT OF AGRICULTURE                                    also be submitted via fax to the attention                      closure.
                                                  Food and Nutrition Service                                   of Stephanie Proska at 703–305–2516 or                            The reporting and recordkeeping
                                                                                                               via email to SNAPHQ-Web@                                        burden associated with the completion
                                                  Agency Information Collection                                fns.usda.gov. Comments will also be                             of the FNS–245 has decreased from
                                                  Activities: Proposed Collection;                             accepted through the Federal                                    approximately 118,569 hours to
                                                  Comment Request—Negative QC                                  eRulemaking Portal. Go to http://                               115,514.87 hours. The 3,054.13 hour
                                                  Review Schedule, Status of Sample                            www.regulations.gov, and follow the                             decrease in the total burden is largely a
                                                  Selection of Completion                                      online instructions for submitting                              result of the decrease in total SNAP
                                                                                                               comments electronically.                                        negative case selections from 38,911
                                                  AGENCY: Food and Nutrition Service,                            All responses to this notice will be                          cases in FY 2010 to 38,970 cases in FY
                                                  USDA.                                                        summarized and included in the request                          2015.
                                                  ACTION: Notice.                                              for Office of Management and Budget                               Affected Public: State, Local and
                                                                                                               approval. All comments will be a matter                         Tribal Government.
                                                  SUMMARY:   In accordance with the                            of public record.
                                                  Paperwork Reduction Act of 1995, this                                                                                          Estimated Number of Respondents: 53
                                                                                                               FOR FURTHER INFORMATION CONTACT:                                State Agencies.
                                                  notice invites the general public and
                                                                                                               Requests for additional information or                            Estimated Number of Responses per
                                                  other public agencies to comment on
                                                                                                               copies of this information collection                           Respondent: 735.28.
                                                  this proposed information collection.
                                                                                                               should be directed to Lacy O’Neal at                              Estimated Total Annual Responses:
                                                  This collection is a revision of a
                                                                                                               703–305–2516.                                                   38,970.
                                                  currently approved collection for FNS–
                                                  245, Case and Procedural Case Action                         SUPPLEMENTARY INFORMATION:                                        Estimated Time per Response:
                                                  Review Schedule.                                               Title: Case and Procedural Case                               176.436 minutes (2.9406 hours).
                                                                                                               Action Review Schedule.                                           Estimated Total Burden Hours:
                                                  DATES: Written comments must be
                                                                                                                 Form Number: FNS 245.                                         114,595.18.
                                                  received on or before July 31, 2017.                           OMB Number: 0584–0034.
                                                  ADDRESSES: Comments are invited on:                            Expiration Date: October 31, 2017.                              Number of Record Keepers: 53.
                                                  (a) Whether the proposed collection of                         Type of Request: Revision of a                                  Number of Records per Record
                                                  information is necessary for the proper                      currently approved collection.                                  Keeper: 735.28 Records.
                                                  performance of the functions of the                            Abstract: State agencies must                                   Estimated Number of Records/
                                                  agency, including whether the                                complete and maintain the FNS–245 for                           Response to Keep: 38,970 Records.
                                                  information shall have practical utility;                    each negative case in their SNAP                                  Recordkeeping time per Response:
                                                  (b) the accuracy of the agency’s estimate                    Quality Control (QC) sample. The FNS–                           1.416 minutes (.0236 hours).
                                                  of the burden of the proposed collection                     245, Negative Case Action Review                                  Total Estimated Recordkeeping
                                                  of information, including the validity of                    Schedule, is designed to collect QC data                        Burden Hours: 55,181.4 minutes
                                                  the methodology and assumptions that                         and serve as the data entry form for                            (919.692 hours).
                                                  were used; (c) ways to enhance the                           negative case action QC reviews in the                            Estimated Total Annual Burden on
                                                  quality, utility, and clarity of the                         Supplemental Nutrition Assistance                               Respondents including reporting and
                                                  information to be collected; and (d)                         Program (SNAP). The legal authority for                         recording: 6,930,892.2 minutes
                                                  ways to minimize the burden of the                           SNAP QC can be found in Section 16(c)                           (115,514.87 hours).

                                                                                                             REPORTING AND RECORDKEEPING BURDEN
                                                                                                                                                                                                   Estimated
                                                                                                                                                  Estimated total
                                                                                                                                Estimated                                    Estimated total        average
                                                                                                                                                    responses                                                              Estimated total
                                                                               Respondent                                        number                                          annual            number of
                                                                                                                                                   annually per                                                                hours
                                                                                                                               respondents                                     responses           hours per
                                                                                                                                                   respondent                                      response

                                                                                                                                                      (Col. d/b)               (Col. bxc)                                    (Col. dxe)

                                                  State Agencies (SA) Reporting ............................................                 53                735.28                38,970                  2.9406           114,595.18
                                                  State Agencies (SA) Recordkeeping ...................................                      53                735.28                38,970                  0.0236               919.69
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                                                       Grand Total Reporting & Recordkeeping Burden for
                                                         the entire collection I/H case files and SA ................                    106      ........................           77,940     ........................      115,514.87




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Document Created: 2017-06-01 03:04:56
Document Modified: 2017-06-01 03:04:56
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: July 3, 2017.
ContactGina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6065, South Building, Washington, DC 20250; (202) 720-5627.
FR Citation82 FR 25226 

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