[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Notices]
[Page 34373-34374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-28]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 03-013N]
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
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 reason of FSIS' regulations, for calendar year 2003
the dollar limitation for meat and meat food products is remaining at
$47,000 and for poultry products at $41,600. FSIS is retaining the
dollar limitations from calendar year 2002 based on the small price
changes for these products evidenced by the Consumer Price Index (CPI).
EFFECTIVE DATE: This notice is effective June 9, 2003.
FOR FURTHER INFORMATION CONTACT: Lynn Dickey, 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 Title 9 of the
Code of Federal Regulations Sec. Sec. 303.1(d) and 381.10(d),
respectively, 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)(iii) of Sec. Sec.
303.1 and 381.10.)
The CPI for 2002 reveals an average annual price increase for meat
and meat food products of 0.2 percent and an annual average price
decrease for poultry products of 0.7 percent. The price increase for
meat and meat food products is $94 and the price decrease for poultry
products is $291. Because the price of meat and meat food products and
the price of poultry products have not changed by more than $500, in
accordance with Sec. Sec. 303.1 (d)(2)(iii)(b) and
381.10(d)(2)(iii)(b) of the regulations, FSIS has retained the dollar
limitation on sales to hotels, restaurants, and similar institutions at
$47,000 for meat and meat food products and at $41,600 for poultry
products for calendar year 2003.
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
notice, FSIS will announce it and make copies of this Federal Register
publication available through the FSIS Constituent Update. FSIS
provides a weekly Constituent Update, which is communicated via
Listserv, a free e-mail subscription service. In addition, the update
is available on-line through the Internet at 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 Listserv consists of industry, trade, and farm groups,
consumer interest groups, allied
[[Page 34374]]
health professionals, scientific professionals, and other individuals
that have requested to be included. Through the Listserv and web page,
FSIS is able to provide information to a much broader, more diverse
audience.
For more information contact the Congressional and Public Affairs
Office, at (202) 720-9113. To be added to the free e-mail subscription
service (Listserv) go to the ``Constituent Update'' page on the
Internet at http://www.fsis.usda.gov/oa/update/update.htm. Click on the
``Subscribe to the Constituent Update Listserv'' link, then fill out
and submit the form.
Done at Washington, DC, on: June 4, 2003.
Garry L. McKee,
Administrator.
[FR Doc. 03-14417 Filed 6-6-03; 8:45 am]