Notice2023-07098
Retail Exemptions Adjusted Dollar Limitations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2023
Issuing agencies
Agriculture DepartmentFood Safety and Inspection Service
Abstract
FSIS is announcing the dollar limitations on the amount of meat and meat products and 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.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20467-20468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07098]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2023-0007]
Retail Exemptions Adjusted Dollar Limitations
AGENCY: Food Safety and Inspection Service (FSIS), Department of
Agriculture (USDA).
ACTION: Notice.
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SUMMARY: FSIS is announcing the dollar limitations on the amount of
meat and meat products and 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.
DATES: Applicable May 8, 2023.
FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and
Program Development, Food Safety and Inspection Service, USDA, 1400
Independence Avenue SW, Mailstop 3758, South Building, Washington, DC
20250-3700; (202) 937-4272.
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 and meat products
and 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 and meat
products and poultry and poultry products do not apply to operations of
types traditionally and usually conducted at retail stores and
restaurants in regard to products offered for sale to consumers in
normal retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). FSIS'
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 products and the
processing of poultry and poultry products.
Sales to Hotels, Restaurants, and Similar Institutions
Under the aforementioned regulations, sales to hotels, restaurants,
and similar institutions (other than household consumers) disqualify a
retail store from exemption if the retail product sales of amenable
products exceed either of two maximum limits: 25 percent of the dollar
value of the total retail product sales or the calendar year retail
dollar limitation set by the FSIS Administrator. The retail 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 retail 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 2022 reveals an annual average price increase for meat
and meat products of 8.20 percent, an average annual price increase for
Siluriformes fish and fish products of 9.15 percent, and an annual
average price increase for poultry and poultry products of 14.58
percent. When rounded to the nearest $100 dollar, the retail dollar
limitation for meat and meat products, including Siluriformes fish and
fish products, increased by $7,500 \1\ and the retail dollar limitation
for poultry and poultry products increased by $9,200.\2\ In accordance
with 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the
retail dollar limitations for meat and meat products and poultry and
poultry products increased by more than $500, FSIS is increasing the
dollar limitation on sales to hotels, restaurants, and similar
institutions to $98,900 for meat and meat products and to $72,000 for
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poultry and poultry products for calendar year 2023.
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\1\ The base value for meat and meat products in 2022 was
$91,390 rounded to the nearest $100 dollar to $91,400. The base
value included $88,669 for meat and meat products and $2,721 to
account for Siluriformes fish and fish products. The meat and meat
products prices increased by 8.20 percent, or $7,271 ($88,669 x
0.0820 = $7,271), during 2022. The Siluriformes fish and fish
products prices increased by 9.15 percent, or $249 ($2,721 x 0.0915
= $249), during 2022. Combined, the value for meat and meat products
that includes Siluriformes fish and fish products increased by
$7,520 ($7,271 + $249). Since this change is more than $500, the
retail dollar limitation is adjusted to $98,900 [($88,669 + $7,271)
+ ($2,721 + $249) = $98,910 which is rounded to $98,900].
\2\ The base value for poultry and poultry products in 2022 was
$62,824 rounded to the nearest $100 dollar to $62,800. The poultry
and poultry products prices increased by 14.58 percent, or $9,160
($62,824 x 0.1458 = $9,160), during 2022. Since this change is more
than $500, the retail dollar limitation is adjusted to $72,000
($62,824 + $9,160 = $71,984 rounded to $72,000.)
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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:
<a href="https://www.fsis.usda.gov/federal-register">https://www.fsis.usda.gov/federal-register</a>.
FSIS will also announce and provide a link to this Federal Register
publication 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 can 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: <a href="https://www.fsis.usda.gov/subscribe">https://www.fsis.usda.gov/subscribe</a>. 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
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Mission Areas, agencies, staff
offices, employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color,
national origin, religion, sex, gender identity (including gender
expression), sexual orientation, disability, age, marital status,
family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
at (800) 877-8339.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.ocio.usda.gov/document/ad-3027">https://www.ocio.usda.gov/document/ad-3027</a>, from any USDA office, by calling (866) 632-9992, or by writing a
letter addressed to USDA. The letter must contain the complainant's
name, address, telephone number, and a written description of the
alleged discriminatory action in sufficient detail to inform the
Assistant Secretary for Civil Rights (ASCR) about the nature and date
of an alleged civil rights violation. The completed AD-3027 form or
letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410;
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#78080a171f0a19155611160c19131d380d0b1c19561f170e"><span class="__cf_email__" data-cfemail="5424263b332635397a3d3a20353f3114212730357a333b22">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Paul Kiecker,
Administrator.
[FR Doc. 2023-07098 Filed 4-5-23; 8:45 am]
BILLING CODE 3410-DM-P
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