[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Pages 23902-23903]
From the Federal Register Online via the Government Printing Office 
[FR Doc No: 2013-09512]



Food Safety and Inspection Service

[Docket No. FSIS-2013-0013]

Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice.


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 2013, the dollar limitation for 
meat and meat food products is being increased from $67,300 to $69,600 
and for poultry products from $51,700 to $54,500. FSIS is changing the 
dollar limitations from calendar year 2012 based on price changes for 
these products evidenced by the Consumer Price Index.

DATES: Effective Date: This notice is effective April 23, 2013.

FOR FURTHER INFORMATION 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.



    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 operations of types 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 of meat and meat food, and 
processing of 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 2012 reveals an annual average price increase for meat 
and meat food products at 3.4 percent and for poultry products at 5.5 
percent. When rounded to the nearest $100, the dollar limitation for 
meat and meat food products increased by $2,300 and the dollar 
limitation for poultry products increased by $2,800. Because the dollar 
limitation of meat and meat food products and poultry products 
increased by more than $500, FSIS is increasing the dollar limitation 
on sales to hotels, restaurants, and similar institutions to $69,600 
for meat and meat food products and to $54,500 for poultry products for 
calendar year 2013, in accordance with 9 CFR 303.1(d)(2)(iii)(b) and 

[[Page 23903]]

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

    FSIS will announce this notice online through the FSIS Web page 
located at http://www.fsis.usda.gov/regulations_&_policies/Federal_Register_Notices/index.asp.
    FSIS will also 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 constituents and 
stakeholders. The Update is communicated via Listserv, a free 
electronic mail subscription service for industry, trade groups, 
consumer interest groups, health professionals, and other individuals 
who have asked to be included. The Update is also available on the FSIS 
Web page. In addition, FSIS offers an electronic 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 to export information to 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 18, 2013.
Alfred V. Almanza,
[FR Doc. 2013-09512 Filed 4-22-13; 8:45 am]