[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15433-15434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap09-30]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 2009-0007]
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
new dollar limitations on the amount of meat, 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' regulations, for calendar year 2009, the dollar limitation is
increased for meat and meat food products from $56,900 to $60,200 and
for poultry products from $46,700 to $49,400. FSIS is changing the
dollar limitations from calendar year 2008 based on price changes for
these products evidenced by the Consumer Price Index.
DATES: Effective Date: This notice is effective April 6, 2009.
FOR FURTHER INFORMATION: Contact John O'Connell, Policy Issuances
Division, Office of Policy and Program Development, FSIS, U.S.
Department of Agriculture, Room 3532 South Building, 1400 Independence
Avenue, SW., Washington, DC 20250-3700; telephone (202) 720-0345, 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 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.
21 U.S.C. 661(c)(2) and 454(c)(2) also provide that the 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. 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
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 2008 revealed an average annual price increase for meat
and meat food products of 5.8 percent and for poultry products of 5.8
percent. When rounded off to the nearest $100, the price increase for
meat and meat food products is $3,300, and the price increase for
poultry products is $2,700. Because the price of meat and meat food
products has increased by more than $500, and because the price of
poultry products has increased by more than $500, FSIS is increasing
the dollar limitation on sales to hotels, restaurants, and similar
institutions from $56,900 to $60,200 for meat and meat food products
and from $46,700 to $49,400 for poultry products for calendar year
2009, in accordance with 9 CFR 303.1(d)(2)(iii)(b) and
381.10(d)(2)(iii)(b).
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/2009_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.
[[Page 15434]]
Done at Washington, DC, on: March 30, 2009.
Alfred V. Almanza,
Administrator.
[FR Doc. E9-7579 Filed 4-3-09; 8:45 am]
BILLING CODE 3410-DM-P