[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37378-37379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15742]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 2010-0011]
Exemption for Retail Store Operations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice of adjusted dollar limitations.
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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 2010, the dollar limitation for
meat and meat food products remains at $60,200 but for poultry products
is being increased from $49,400 to $50,200. FSIS is retaining or
changing the dollar limitations from calendar year 2009 based on price
changes for these products evidenced by the Consumer Price Index.
DATES: Effective Date: This notice is effective June 29, 2010.
FOR FURTHER INFORMATION CONTACT: Contact John O'Connell, Policy
Issuances Division, Office of Policy and Program Development, FSIS,
U.S. Department of Agriculture, Room 6083 South Building, 1400
Independence Avenue, SW., Washington, DC 20250-3700; telephone (202)
720-0345.
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, are not adulterated, and are properly labeled and packaged.
Statutory provisions requiring inspection of the preparation or
processing of meat, meat food, poultry, and poultry products do not
apply to the types of operations traditionally and usually conducted at
retail stores and
[[Page 37379]]
restaurants when those operations are conducted at any retail store or
restaurant or similar retail-type establishment for sale 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 or processing of meat, meat food,
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 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 2009 reveals an annual average price decrease for meat
and meat food products at 0.6 percent and an annual average price
increase for poultry products at 1.7 percent. When rounded to the
nearest $100, the price for meat and meat food products decreased by
$400 and the price for poultry products increased by $800. Because the
price of meat and meat food products did not decrease by more than
$500, and because the price of poultry products increased by more than
$500, FSIS is retaining the dollar limitation on sales to hotels,
restaurants, and similar institutions at $60,200 for meat and meat food
products and is increasing it to $49,400 for poultry products for
calendar year 2010, in accordance with 9 CFR 303.1(d)(2)(iii)(b) and
381.10 (d)(2)(iii)(b).
USDA Nondiscrimination Statement
The U.S. Department of Agriculture (USDA) prohibits discrimination
in all its programs and activities on the basis of race, color,
national origin, gender, religion, age, disability, political beliefs,
sexual orientation, and marital or family status. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA's Target Center at
202-720-2600 (voice and TTY).
To file a written complaint of discrimination, write USDA, Office
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue,
SW., Washington, DC 20250-9410 or call 202-720-5964 (voice and TTY).
USDA is an equal opportunity provider and employer.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to ensure that the
public and in particular minorities, women, and persons with
disabilities, are aware of this notice, FSIS will announce it on-line
through the FSIS Web page located at http://www.fsis.usda.gov/regulations/2010_Notices_Index/index.asp.
FSIS also will make copies of this Federal Register 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 Update is communicated via Listserv, a free e-mail
subscription service consisting of industry, trade, and farm groups,
consumer interest groups, allied health professionals, scientific
professionals, and other individuals who have requested to be included.
The Update also is available on the FSIS Web page. Through Listserv and
the Web page, FSIS is able to provide information to a much broader,
more diverse audience.
In addition, FSIS offers an e-mail 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/news_and_events/email_subscription/. Options range from recalls to
export information to regulations, directives and notices. Customers
can add or delete subscriptions themselves, and have the option to
password protect their accounts.
Done at Washington, DC, on June 23, 2010.
Alfred V. Almanza,
Administrator.
[FR Doc. 2010-15742 Filed 6-28-10; 8:45 am]
BILLING CODE 3410-DM-P