83 FR 40501 - Retail Exemptions Adjusted Dollar Limitations

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 83, Issue 158 (August 15, 2018)

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 2018, the value for the dollar limitation for meat and meat food products remains unchanged at $75,700. For calendar year 2018, the value for the dollar limitation for poultry and poultry products also remains unchanged at $56,600. FSIS reviews the dollar limitations on a yearly basis and makes adjustments based on price changes for these products evidenced by the Consumer Price Index. FSIS is currently considering the retail dollar limitations for Siluriformes fish and fish products. FSIS intends to propose a methodology for setting the dollar limitations for Siluriformes fish and fish products in a separate Federal Register Notice.

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40501-40502]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17546]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2018-0009]


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 2018, the value for the dollar 
limitation for meat and meat food products remains unchanged at 
$75,700. For calendar year 2018, the value for the dollar limitation 
for poultry and poultry products also remains unchanged at $56,600. 
FSIS reviews the dollar limitations on a yearly basis and makes 
adjustments based on price changes for these products evidenced by the 
Consumer Price Index.
    FSIS is currently considering the retail dollar limitations for 
Siluriformes fish and fish products. FSIS intends to propose a 
methodology for setting the dollar limitations for Siluriformes fish 
and fish products in a separate Federal Register Notice.

DATES: Applicable Date: September 14, 2018.

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 products, 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 2017 reveals an annual average price decrease for meat 
and meat food products at 0.583 percent and an annual average price 
increase for poultry and poultry products at 0.17 percent. When rounded 
to the nearest dollar, the dollar limitation for meat and meat food 
products decreased by $441 and the dollar limitation for poultry and 
poultry products increased by $96. 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 and poultry 
products did not increase or decrease by more than $500, FSIS is making 
no adjustment in the dollar limitations on sales to hotels, 
restaurants, and similar institutions. The dollar limitation for meat 
and meat food products remains unchanged at $75,700 and the dollar 
limitation for poultry and poultry products remains unchanged at 
$56,600 for calendar year 2018.

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
http://www.fsis.usda.gov/federal-register. FSIS also will make copies 
of this 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 our constituents and stakeholders. The Constituent 
Update is available on the FSIS web page. Through the web page, FSIS is 
able to provide information to a much broader, more diverse audience. 
In addition, FSIS offers an email 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, 
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.

[[Page 40502]]

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).

Paul Kiecker,
Acting Administrator.
[FR Doc. 2018-17546 Filed 8-14-18; 8:45 am]
 BILLING CODE 3410-DM-P