Retail Exemptions Adjusted Dollar Limitations, 20467-20468 [2023-07098]

Download as PDF Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices • Other Business and Future Work Done at Washington, DC. Mary Frances Lowe, U.S. Manager for Codex Alimentarius. Public Meeting At the May 25, 2023, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Mr. Aaron Niman, U.S. Delegate for the 54th Session of the CCPR (see ADDRESSES). Written comments should state that they relate to activities of the 54th Session of the CCPR. [FR Doc. 2023–07170 Filed 4–5–23; 8:45 am] Additional Public Notification AGENCY: Public awareness of all segments of rulemaking and policy development is important. Consequently, the U.S. Codex Office will announce this Federal Register publication on-line through the USDA web page located at: https:// www.usda.gov/codex, a link that also offers an email subscription service providing access to information related to Codex. Customers can add or delete their subscription themselves and have the option to password protect their accounts. USDA Non-Discrimination Statement No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/ parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA. ddrumheller on DSK120RN23PROD with NOTICES1 How To File a Complaint of Discrimination To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at https:// www.usda.gov/oascr/filing-programdiscrimination-complaint-usdacustomer, or write a letter signed by you or your authorized representative. Send your completed complaint form or letter to USDA by mail, fax, or email. Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW, Washington, DC 20250–9410; Fax: (202) 690–7442; Email: program.intake@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720–2600 (voice and TDD). VerDate Sep<11>2014 21:13 Apr 05, 2023 Jkt 259001 BILLING CODE P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS–2023–0007] Retail Exemptions Adjusted Dollar Limitations Food Safety and Inspection Service (FSIS), Department of Agriculture (USDA). ACTION: Notice. FSIS is announcing the dollar limitations on the amount of meat and meat products and 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. SUMMARY: DATES: Applicable May 8, 2023. Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 20250–3700; (202) 937–4272. FOR FURTHER INFORMATION CONTACT: 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 and meat products and poultry and poultry products prepared for commerce are wholesome, not adulterated, and properly labeled and packaged. Statutory provisions requiring inspection of the processing of meat and meat products and poultry and poultry products do not apply to operations of types traditionally and usually conducted at retail stores and restaurants in regard to products offered for sale to consumers in normal retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). 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 of meat and meat products and the processing of poultry and poultry products. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 20467 Sales to Hotels, Restaurants, and Similar Institutions Under the aforementioned regulations, sales to hotels, restaurants, and similar institutions (other than household consumers) disqualify a retail store from exemption if the retail product sales of amenable products exceed either of two maximum limits: 25 percent of the dollar value of the total retail product sales or the calendar year retail dollar limitation set by the FSIS Administrator. The retail 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 retail 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 2022 reveals an annual average price increase for meat and meat products of 8.20 percent, an average annual price increase for Siluriformes fish and fish products of 9.15 percent, and an annual average price increase for poultry and poultry products of 14.58 percent. When rounded to the nearest $100 dollar, the retail dollar limitation for meat and meat products, including Siluriformes fish and fish products, increased by $7,500 1 and the retail dollar limitation for poultry and poultry products increased by $9,200.2 In accordance with 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the retail dollar limitations for meat and meat products and poultry and poultry products increased by more than $500, FSIS is increasing the dollar limitation on sales to hotels, restaurants, and similar institutions to $98,900 for meat and meat products and to $72,000 for 1 The base value for meat and meat products in 2022 was $91,390 rounded to the nearest $100 dollar to $91,400. The base value included $88,669 for meat and meat products and $2,721 to account for Siluriformes fish and fish products. The meat and meat products prices increased by 8.20 percent, or $7,271 ($88,669 × 0.0820 = $7,271), during 2022. The Siluriformes fish and fish products prices increased by 9.15 percent, or $249 ($2,721 × 0.0915 = $249), during 2022. Combined, the value for meat and meat products that includes Siluriformes fish and fish products increased by $7,520 ($7,271 + $249). Since this change is more than $500, the retail dollar limitation is adjusted to $98,900 [($88,669 + $7,271) + ($2,721 + $249) = $98,910 which is rounded to $98,900]. 2 The base value for poultry and poultry products in 2022 was $62,824 rounded to the nearest $100 dollar to $62,800. The poultry and poultry products prices increased by 14.58 percent, or $9,160 ($62,824 × 0.1458 = $9,160), during 2022. Since this change is more than $500, the retail dollar limitation is adjusted to $72,000 ($62,824 + $9,160 = $71,984 rounded to $72,000.) E:\FR\FM\06APN1.SGM 06APN1 20468 Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices poultry and poultry products for calendar year 2023. ddrumheller on DSK120RN23PROD with NOTICES1 Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS web page located at: https:// www.fsis.usda.gov/federal-register. FSIS will also announce and provide a link to this Federal Register publication 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 Constituent Update is available on the FSIS web page. Through the web page, FSIS can provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: https://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to password protect their accounts. USDA Non-Discrimination Statement In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; the USDA TARGET Center at (202) 720–2600 VerDate Sep<11>2014 22:06 Apr 05, 2023 Jkt 259001 (voice and TTY); or the Federal Relay Service at (800) 877–8339. To file a program discrimination complaint, a complainant should complete a Form AD–3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ ad-3027, from any USDA office, by calling (866) 632–9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD–3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; (2) Fax: (833) 256–1665 or (202) 690– 7442; or (3) Email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Paul Kiecker, Administrator. [FR Doc. 2023–07098 Filed 4–5–23; 8:45 am] BILLING CODE 3410–DM–P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Texas Advisory Committee U.S. Commission on Civil Rights. ACTION: Announcement of virtual business meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that the Texas Advisory Committee (Committee) will hold a meeting via ZoomGov on Wednesday, April 5, 2023, from 2:00 p.m.–3:00 p.m. Central. The purpose of the meeting is to discuss their response to a recent development in their project on mental health care in the Texas Juvenile Justice Department. DATES: These meeting will take place on: • Wednesday, April 5, 2023, from 2:00 p.m.–3:00 p.m. CT. ZOOM Link To Join: • Wednesday, April 5th: https:// www.zoomgov.com/meeting/register/ vJIsf-GsrzMoHsUiCjAu6_ wSiIgbKkFoZ60. SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Brooke Peery, Designated Federal Officer (DFO) at bpeery@usccr.gov or by phone at (202) 701–1376. SUPPLEMENTARY INFORMATION: Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captions will be provided for individuals who are deaf, deafblind, or hard of hearing. To request additional accommodations, please email bpeery@usccr.gov at least 10 business days prior to the meeting. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be emailed to Brooke Peery (DFO) at bpeery@ usccr.gov. Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https:// www.facadatabase.gov/FACA/ FACAPublicViewCommitteeDetails?id= a10t0000001gzkoAAA. Please click on the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome & Roll Call II. Approval of Minutes III. Committee Discussion IV. Public Comment V. Adjournment Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given fewer than 15 calendar days prior to the meeting because of the exceptional circumstances due to a recent development in the Committee’s E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20467-20468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07098]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2023-0007]


Retail Exemptions Adjusted Dollar Limitations

AGENCY: Food Safety and Inspection Service (FSIS), Department of 
Agriculture (USDA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: FSIS is announcing the dollar limitations on the amount of 
meat and meat products and 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.

DATES: Applicable May 8, 2023.

FOR FURTHER INFORMATION CONTACT: Gina Kouba, Office of Policy and 
Program Development, Food Safety and Inspection Service, USDA, 1400 
Independence Avenue SW, Mailstop 3758, South Building, Washington, DC 
20250-3700; (202) 937-4272.

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 and meat products 
and poultry and poultry products prepared for commerce are wholesome, 
not adulterated, and properly labeled and packaged. Statutory 
provisions requiring inspection of the processing of meat and meat 
products and poultry and poultry products do not apply to operations of 
types traditionally and usually conducted at retail stores and 
restaurants in regard to products offered for sale to consumers in 
normal retail quantities (21 U.S.C. 661(c)(2) and 454(c)(2)). 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 of meat and meat products and the 
processing of poultry and poultry products.

Sales to Hotels, Restaurants, and Similar Institutions

    Under the aforementioned regulations, sales to hotels, restaurants, 
and similar institutions (other than household consumers) disqualify a 
retail store from exemption if the retail product sales of amenable 
products exceed either of two maximum limits: 25 percent of the dollar 
value of the total retail product sales or the calendar year retail 
dollar limitation set by the FSIS Administrator. The retail 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 retail 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 2022 reveals an annual average price increase for meat 
and meat products of 8.20 percent, an average annual price increase for 
Siluriformes fish and fish products of 9.15 percent, and an annual 
average price increase for poultry and poultry products of 14.58 
percent. When rounded to the nearest $100 dollar, the retail dollar 
limitation for meat and meat products, including Siluriformes fish and 
fish products, increased by $7,500 \1\ and the retail dollar limitation 
for poultry and poultry products increased by $9,200.\2\ In accordance 
with 9 CFR 303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b), because the 
retail dollar limitations for meat and meat products and poultry and 
poultry products increased by more than $500, FSIS is increasing the 
dollar limitation on sales to hotels, restaurants, and similar 
institutions to $98,900 for meat and meat products and to $72,000 for

[[Page 20468]]

poultry and poultry products for calendar year 2023.
---------------------------------------------------------------------------

    \1\ The base value for meat and meat products in 2022 was 
$91,390 rounded to the nearest $100 dollar to $91,400. The base 
value included $88,669 for meat and meat products and $2,721 to 
account for Siluriformes fish and fish products. The meat and meat 
products prices increased by 8.20 percent, or $7,271 ($88,669 x 
0.0820 = $7,271), during 2022. The Siluriformes fish and fish 
products prices increased by 9.15 percent, or $249 ($2,721 x 0.0915 
= $249), during 2022. Combined, the value for meat and meat products 
that includes Siluriformes fish and fish products increased by 
$7,520 ($7,271 + $249). Since this change is more than $500, the 
retail dollar limitation is adjusted to $98,900 [($88,669 + $7,271) 
+ ($2,721 + $249) = $98,910 which is rounded to $98,900].
    \2\ The base value for poultry and poultry products in 2022 was 
$62,824 rounded to the nearest $100 dollar to $62,800. The poultry 
and poultry products prices increased by 14.58 percent, or $9,160 
($62,824 x 0.1458 = $9,160), during 2022. Since this change is more 
than $500, the retail dollar limitation is adjusted to $72,000 
($62,824 + $9,160 = $71,984 rounded to $72,000.)
---------------------------------------------------------------------------

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS web page located at: 
https://www.fsis.usda.gov/federal-register.
    FSIS will also announce and provide a link to this Federal Register 
publication 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 Constituent Update is available on 
the FSIS web page. Through the web page, FSIS can provide information 
to a much broader, more diverse audience. In addition, FSIS offers an 
email subscription service which provides automatic and customized 
access to selected food safety news and information. This service is 
available at: https://www.fsis.usda.gov/subscribe. Options range from 
recalls to export information, regulations, directives, and notices. 
Customers can add or delete subscriptions themselves and have the 
option to password protect their accounts.

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Mission Areas, agencies, staff 
offices, employees, and institutions participating in or administering 
USDA programs are prohibited from discriminating based on race, color, 
national origin, religion, sex, gender identity (including gender 
expression), sexual orientation, disability, age, marital status, 
family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Program information may be made available in languages other than 
English. Persons with disabilities who require alternative means of 
communication to obtain program information (e.g., Braille, large 
print, audiotape, American Sign Language) should contact the 
responsible Mission Area, agency, or staff office; the USDA TARGET 
Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service 
at (800) 877-8339.
    To file a program discrimination complaint, a complainant should 
complete a Form AD-3027, USDA Program Discrimination Complaint Form, 
which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a 
letter addressed to USDA. The letter must contain the complainant's 
name, address, telephone number, and a written description of the 
alleged discriminatory action in sufficient detail to inform the 
Assistant Secretary for Civil Rights (ASCR) about the nature and date 
of an alleged civil rights violation. The completed AD-3027 form or 
letter must be submitted to USDA by:
    (1) Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410;
    (2) Fax: (833) 256-1665 or (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Paul Kiecker,
Administrator.
[FR Doc. 2023-07098 Filed 4-5-23; 8:45 am]
BILLING CODE 3410-DM-P
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