[Federal Register: August 13, 2001 (Volume 66, Number 156)]
[Notices]
[Page 42502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au01-32]
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[[Page 42502]]
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 01-007N]
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
automatic increases in the dollar limitations on sales of meat and meat
food products and poultry products to hotels, restaurants, and similar
institutions that do not disqualify a store for exemption from Federal
inspection requirements. By action of FSIS' regulations, for calendar
year 2001, the dollar limitations for meat and meat food products has
increased from $42,500 to $44,900 and for poultry products from $39,000
to $39,800. These increases are based on price changes for these
products evidenced by the Consumer Price Index (CPI).
EFFECTIVE DATE: This notice is effective August 13, 2001.
FOR FURTHER INFORMATION: For further information contact Daniel
Engeljohn, Ph.D., Director, Regulations and Directives Development
Staff, Office of Policy, Program Development, and Evaluation, FSIS,
U.S. Department of Agriculture, Room 112, Cotton Annex Building, 300
12th Street, SW, Washington, DC 20250-3700; telephone (202) 720-5627,
fax (202) 690-0486.
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 that
the statutory provisions requiring inspection of the slaughter of
livestock or poultry and the preparation or processing of products
thereof do not apply to operations of types traditionally and usually
conducted at retail stores and restaurants, when conducted at any
retail store or restaurant or similar retail-type establishment for
sale in normal retail quantities or service to consumers at such
establishments (21 U.S.C. 454(c)(2) and 661 (c)(2)). In Secs. 303.1(d)
and 381.10(d), respectively (9 CFR 303.1(d) and 381.10(d)), FSIS
regulations address the conditions under which requirements for
inspection do not apply to retail operations.
Under these regulations, sales to hotels, restaurants, and similar
institutions disqualify a store for exemption if they 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 CPI, published by the Bureau of Labor
Statistics, indicates 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 paragraphs (d)(2)(iii)(b) and (d)(2)(vi) of Secs. 303.1
and 381.10.)
The CPI for 2000 reveals an average annual price increase for meat
and meat food products of 5.6 percent and for poultry products of 2.0
percent. When rounded off to the nearest $100.00, the price increase
for meat and meat food products is $2,400.00 and for poultry products
is $800.00. Because the price of meat and meat food products and the
price of poultry products have increased by more than $500, in
accordance with Secs. 300.1 (d)(2)(iii)(b) and 381.10 (d)(2)(iii)(b) of
the regulations, FSIS has increased the dollar limitations on sales to
hotels, restaurants, and similar institutions from $42,500 to $44,900
for meat and meat food products and from $39,000 to $39,800 for poultry
products for calendar year 2001.
Additional Public Notification
Public awareness of all segments of rulemaking and policy
development is important. Consequently, in an effort to better ensure
that minorities, women, and persons with disabilities are aware of this
final rule, FSIS will announce and provide copies of this Federal
Register notice in the FSIS Constituent Update. FSIS provides a weekly
FSIS Constituent Update via fax to over 300 organizations and
individuals. In addition, the update is available on line through the
FSIS web page located at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsis.usda.gov. The update is used
to provide information regarding FSIS policies, procedures,
regulations, Federal Register notices, FSIS public meetings, recalls,
and any other types of information that could affect or would be of
interest to our constituents/stakeholders. The constituent fax list
consists of industry, trade, and farm groups, consumer interest groups,
allied health professionals, scientific professionals, and other
individuals that have requested to be included. Through these various
channels, FSIS is able to provide information to a much broader, more
diverse audience than would be otherwise possible.
For more information or to be added to the constituent fax list,
fax your request to the Congressional and Public Affairs Office, at
(202) 720-5704.
Done at Washington, DC, on: August 7, 2001.
Thomas J. Billy,
Administrator.
[FR Doc. 01-20099 Filed 8-10-01; 8:45 am]
BILLING CODE 3410-DM-P