[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Page 15433-15434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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.


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.



    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 

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/
    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,
 [FR Doc. E9-7579 Filed 4-3-09; 8:45 am]