Notice2025-03855

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
March 11, 2025

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 90 Issue 46 (Tuesday, March 11, 2025)</title>
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[Federal Register Volume 90, Number 46 (Tuesday, March 11, 2025)]
[Notices]
[Pages 11699-11700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03855]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 90, No. 46 / Tuesday, March 11, 2025 / 
Notices

[[Page 11699]]



DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2025-0005]


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 April 10, 2025.

FOR FURTHER INFORMATION CONTACT: Rachel Edelstein, Assistant 
Administrator, Office of Policy and Program Development, FSIS, USDA; 
Telephone: (202) 205-0495.

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 safe, 
wholesome, and properly labeled. 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 2024 reveals an annual average price increase for meat 
and meat products of 2.85 percent, an average annual price decrease for 
Siluriformes fish and fish products of 1.86 percent, and an annual 
average price increase for poultry and poultry products of 0.83 
percent.<SUP>1 2 3</SUP> When rounded to the nearest $100 dollar, the 
retail dollar limitation for meat and meat products, including 
Siluriformes fish and fish products, increased by $2,700 \4\ and the 
retail dollar limitation for poultry and poultry products increased by 
$600.\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 $103,600 for meat and meat 
products and to $74,800 for poultry and poultry products for calendar 
year 2025.
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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 January 17, 2025.
    \2\ BLS, CPI-U: Fish and seafood in U.S. city average, all urban 
consumers, not seasonally adjusted [Series ID CUUR0000SEFG], 
accessed on January 17, 2025.
    \3\ BLS, CPI-U: Poultry in U.S. city average, all urban 
consumers, not seasonally adjusted [Series ID CUUR0000SEFF],'' 
accessed on January 17, 2025.
    \4\ The base value for meat and meat products in 2024 was 
$100,905 rounded to the nearest $100 dollar to $100,900. The base 
value included $97,926 for meat and meat products and $2,979 to 
account for Siluriformes fish and fish products. The meat and meat 
products prices increased by 2.85 percent, or $2,791 ($97,926 x 
0.0285 = $ 2,791), during 2024. The Siluriformes fish and fish 
products prices fell by 1.86 percent, or minus $55 [$2,979 x (-
0.0186) =-$55], during 2024. Combined, the value for meat and meat 
products that includes Siluriformes fish and fish products increased 
by $2,736 ($2,791-$55 = $2,736). Since this change is more than 
$500, the retail dollar limitation is adjusted to $103,600 [($97,926 
+ $2,791) + ($2,979-$55) = $103,641, which is rounded to $103,600].
    \5\ The base value for poultry and poultry products in 2024 was 
$74,216 rounded to the nearest $100 dollar to $74,200. The poultry 
and poultry products prices increased by 0.83 percent, or $616 
($74,216 x 0.0083 = $616), during 2024. Since this change is more 
than $500, the retail dollar limitation is adjusted to $74,800 
($74,216 + $616 = $74,832, which is rounded to $74,800).
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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 that 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>. The available 
information ranges 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.

[[Page 11700]]

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, 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.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at How to 
File a Program Discrimination Complaint and at any USDA office or write 
a letter addressed to USDA and provide in the letter all of the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter 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: (202) 690-7442; or (3) email: 
<a href="/cdn-cgi/l/email-protection#96e6e4f9f1e4f7fbb8fff8e2f7fdf3d6e3e5f2f7b8f1f9e0"><span class="__cf_email__" data-cfemail="f8888a979f8a9995d691968c99939db88d8b9c99d69f978e">[email&#160;protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Denise Eblen,
Administrator.
[FR Doc. 2025-03855 Filed 3-10-25; 8:45 am]
BILLING CODE 3410-DM-P


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