Retail Exemptions Adjusted Dollar Limitations

Citation86 FR 26202
Record Number2021-10129
Published date13 May 2021
SectionNotices
CourtAgriculture Department,Food Safety And Inspection Service
Federal Register, Volume 86 Issue 91 (Thursday, May 13, 2021)
[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
                [Notices]
                [Pages 26202-26203]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-10129]
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                Notices
                 Federal Register
                ________________________________________________________________________
                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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                delegations of authority, filing of petitions and applications and agency
                statements of organization and functions are examples of documents
                appearing in this section.
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                Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 /
                Notices
                [[Page 26202]]
                DEPARTMENT OF AGRICULTURE
                Food Safety and Inspection Service
                [Docket No. FSIS-2021-0011]
                Retail Exemptions Adjusted Dollar Limitations
                AGENCY: Food Safety and Inspection Service, Agriculture (USDA).
                ACTION: Notice.
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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 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 14, 2021.
                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) 720-5627.
                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
                wholesome, not adulterated, and properly labeled and packaged.
                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'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 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 exceed either
                of two maximum limits: 25 percent of the dollar value of the total
                retail product sales of the amenable product 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 2020 reveals an annual average price increase for meat
                and meat food products at 7.38 percent, an average annual price
                increase for Siluriformes fish and fish products at 3.26 percent, and
                an annual average price increase for poultry and poultry products at
                5.6 percent. 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 $5,700 \1\ and the retail dollar
                limitation for poultry and poultry products increased by $3,200. 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
                increased by more than $500, FSIS is increasing the dollar limitation
                on sales to hotels, restaurants, and similar institutions to $84,900
                for meat and meat food products for calendar year 2021. Because the
                retail dollar limitations for poultry and poultry products increased by
                more than $500, FSIS is increasing the dollar limitation on sales to
                hotels, restaurants, and similar institutions to $59,800 for poultry
                and poultry products for calendar year 2021.
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                 \1\ The base value for ``meat and meat products'' in 2020 was
                $79,200, which included $76,700 for meat and meat products and
                $2,500 to account for Siluriformes fish and fish products. The meat
                and meat products prices increased by 7.38 percent or $5,660
                ($76,700 x 0.0738 = $5,660) during 2020. The Siluriformes fish and
                fish products prices increased by 3.26 percent or $82 ($2,500 x
                0.0326 = $82) during 2020. Combined, the value for ``meat and meat
                products'' that includes Siluriformes fish and fish products
                increased by $5,742 ($5,660 + $82). Since this change is more than
                $500, the base is adjusted to nearest $100 or $5,700.
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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:
                https://www.fsis.usda.gov/federal-register.
                 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: https://www.fsis.usda.gov/subscribe. 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 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, gender identity (including
                gender expression), sexual orientation, disability, age, marital
                status, family/
                [[Page 26203]]
                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 https://www.usda.gov/oascr/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: [email protected].
                 USDA is an equal opportunity provider, employer, and lender.
                Paul Kiecker,
                Administrator.
                [FR Doc. 2021-10129 Filed 5-12-21; 8:45 am]
                BILLING CODE 3410-DM-P
                

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