Notice2026-08261
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 28, 2026
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 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Notices]
[Pages 22789-22790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08261]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS-2026-0034]
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 May 28, 2026.
FOR FURTHER INFORMATION CONTACT: April Regonlinski, 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 food
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 food 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 food 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 2025 reveals an annual average price increase for meat
and meat food products of 5.86 percent, an average annual average price
increase for Siluriformes fish and fish products of 2.01 percent, and
an annual average price increase for poultry and poultry products of
1.73 percent.<SUP>1 2 3</SUP> When rounded to the nearest $100 dollar,
the retail dollar limitation for meat and meat food products, including
Siluriformes fish and fish products, increased by $6,000 \4\ and the
retail dollar limitation for poultry and poultry products increased by
$1,300.\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 food 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 $109,600 for meat and
meat food products and to $76,100 for poultry and poultry products for
calendar year 2026.
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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 13, 2026.
\2\ BLS, CPI-U: Fish and seafood in U.S. city average, all urban
consumers, not seasonally adjusted [Series ID CUUR0000SEFG],
accessed on January 13, 2026.
\3\ BLS, CPI-U: Poultry in U.S. city average, all urban
consumers, not seasonally adjusted [Series ID CUUR0000SEFF],
accessed on January 13, 2026.
\4\ The base value for meat and meat products in 2025 was
$103,641 rounded to the nearest $100 dollars to $103,600. The base
value included $100,717 for meat and meat products and $2,924 to
account for Siluriformes fish and fish products. The meat and meat
products prices increased by 5.86 percent, or $5,902 ($100,717 x
0.0586 = $5,902), during 2025. The Siluriformes fish and fish
products prices increased by 2.01 percent, or $59 [$2,924 x 0.0201 =
$59], during 2025. Combined, the value for meat and meat products
that include Siluriformes fish and fish products increased by $5,961
($5,902 + $59 = $5,961). Since this change is more than $500, the
retail dollar limitation is adjusted to $109,600 [$100,717 + $5,902)
+ ($2,924 + $59) = $109,602, which is rounded to $109,600].
\5\ The base value for poultry and poultry products in 2025 was
$74,832 rounded to the nearest $100 dollar to $74,800. Poultry and
poultry products prices increased by 1.73 percent, or $1,295
($74,832 x 0.0173 = $1,295), during 2025. Since this change is more
than $500, the retail dollar limitation is adjusted to $76,100
($74,832 + $1,295 = $76,127, which is rounded to $76,100).
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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
[[Page 22790]]
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.
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and 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 State or
local Agency that administers the program or contact USDA through the
Telecommunications Relay Service at 711 (voice and TTY). 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, Mail Stop
9410, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email:
<a href="/cdn-cgi/l/email-protection#5a2a28353d283b377433342e3b313f1a2f293e3b743d352c"><span class="__cf_email__" data-cfemail="f8888a979f8a9995d691968c99939db88d8b9c99d69f978e">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Justin Ransom,
Administrator.
[FR Doc. 2026-08261 Filed 4-27-26; 8:45 am]
BILLING CODE 3410-DM-P
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