[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19741-19742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8413]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 2011-0004]
Exemption for Retail Store Operations
AGENCY: Food Safety and Inspection Service, USDA.
[[Page 19742]]
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 2011, the dollar limitation for
meat and meat food products is being increased from $60,200 to $61,900
but for poultry products will remain at $50,200. FSIS is retaining or
changing the dollar limitations from calendar year 2010 based on price
changes for these products evidenced by the Consumer Price Index.
DATES: Effective Date: This notice is effective April 8, 2011.
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, not adulterated, and 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 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 2010 reveals an annual average price increase for meat
and meat food products at 2.84 percent and an annual average price
decrease for poultry products at 0.12 percent. When rounded to the
nearest $100, the price for meat and meat food products increased by
$1,700 and the price for poultry products decreased by $100. Because
the price of meat and meat food products increased by more than $500,
and because the price of poultry products did not decrease by more than
$500, FSIS is increasing the dollar limitation on sales to hotels,
restaurants, and similar institutions to $61,900 for meat and meat food
products and is retaining it at $50,200 for poultry products for
calendar year 2011, 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_&_policies/Federal_Register_Notices/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_&_Events/Email_Subscription/.
Options range from recalls, export information, 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 April 5, 2011.
Alfred V. Almanza,
Administrator.
[FR Doc. 2011-8413 Filed 4-7-11; 8:45 am]
BILLING CODE 3410-DM-P