Notice2024-10918
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
May 17, 2024
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 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43373-43374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10918]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2024-0008]
Retail Exemptions Adjusted Dollar Limitations
AGENCY: Food Safety and Inspection Service (FSIS), U.S. 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 June 17, 2024.
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; 202-720-5046.
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 2023 reveals an annual average price increase for meat
and meat products of 2.07 percent, an average annual price increase for
Siluriformes fish and fish products of 0.31 percent, and an annual
average price increase for poultry and poultry products of 3.10
percent.<SUP>1 2 3</SUP> When rounded to the
[[Page 43374]]
nearest $100 dollar, the retail dollar limitation for meat and meat
products, including Siluriformes fish and fish products, increased by
$2,000 \4\ and the retail dollar limitation for poultry and poultry
products increased by $2,200.\5\ 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 $100,900
for meat and meat products and to $74,200 for poultry and poultry
products for calendar year 2024.
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\1\ U.S. Bureau of Labor Statistics (BLS), Consumer Price Index
for All Urban Consumers (CPI-U): Meats in U.S. city average, all
urban consumers, not seasonally adjusted [Series ID
CUUR0000SAF11211], accessed on February 8, 2024.
\2\ BLS, CPI-U: Fish and seafood in U.S. city average, all urban
consumers, not seasonally adjusted [Series ID CUUR0000SEFG],
accessed on February 8, 2024.
\3\ BLS, CPI-U: Poultry in U.S. city average, all urban
consumers, not seasonally adjusted [Series ID CUUR0000SEFF],''
accessed on February 8, 2024.
\4\ The base value for meat and meat products in 2023 was
$98,910 rounded to the nearest $100 dollar to $98,900. The base
value included $95,940 for meat and meat products and $2,970 to
account for Siluriformes fish and fish products. The meat and meat
products prices increased by 2.07 percent, or $1,986 ($95,940 x
0.0207 = $1,986), during 2023. The Siluriformes fish and fish
products prices increased by 0.31 percent, or $9 ($2,970 x 0.0031 =
$9), during 2023. Combined, the value for meat and meat products
that includes Siluriformes fish and fish products increased by
$1,995 ($1,986 + $9). Since this change is more than $500, the
retail dollar limitation is adjusted to $100,905 [($95,940 + $1,986)
+ ($2,970 + $9) = $100,905, which is rounded to $100,900].
\5\ The base value for poultry and poultry products in 2023 was
$71,984 rounded to the nearest $100 dollar to $72,000. The poultry
and poultry products prices increased by 3.10 percent, or $2,232
($71,984 x 0.0310 = $2,232), during 2023. Since this change is more
than $500, the retail dollar limitation is adjusted to $74,200
($71,984 + $2,232 = $74,216, which is rounded to $74,200).
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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.usda.gov/forms/electronic-forms">https://www.usda.gov/forms/electronic-forms</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#5525273a322734387b3c3b21343e3015202631347b323a23"><span class="__cf_email__" data-cfemail="afdfddc0c8ddcec281c6c1dbcec4caefdadccbce81c8c0d9">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Paul Kiecker,
Administrator.
[FR Doc. 2024-10918 Filed 5-16-24; 8:45 am]
BILLING CODE 3410-DM-P
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