[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-6241]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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DEPARTMENT OF AGRICULTURE
[Docket No. 94-004N]
Exemption for Retail Stores; Adjustment of Dollar Limitations
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: This notice announces that the dollar limitations currently in
effect on the annual sales of meat and poultry products that can be
sold by retail stores exempt from Federal inspection requirements to
consumers other than household consumers, such as hotels, restaurants
and similar institutions, have been adjusted to conform with price
changes for meat and poultry products as indicated by the Consumer
Price Index. The dollar limitation for meat products increases from
$37,800 to $38,900 for calendar year 1994 and the dollar limitation for
poultry products increases from $33,100 to $34,500 for calendar year
1994.
EFFECTIVE DATE: March 17, 1994.
FOR FURTHER INFORMATION CONTACT:Dr. Judith A. Segal, Director, Policy
Evaluation and Planning Staff, Food Safety and Inspection Service, U.S.
Department of Agriculture, Washington, DC 20250, (202) 720-7773.
Background
Federal inspection of meat and poultry products prepared for sale
or distribution in commerce or in States designated under section
301(c) of the Federal Meat Inspection Act (FMIA) (21 U.S.C. 661(c)) and
section 5(c) of the Poultry Products Inspection Act (PPIA) (21 U.S.C.
454(c)) is required by law and administered by the Food Safety and
Inspection Service (FSIS). However, section 301(c)(2) of the FMIA (21
U.S.C. 661(c)(2)) and section 5(c)(2) of the PPIA (21 U.S.C. 454(c)(2))
state that the general requirement of routine Federal inspection ``. .
. shall not apply to operations of types traditionally and usually
conducted at retail stores . . . when conducted at any retail store . .
. for sale in normal retail quantities . . . to consumers. . . .''
FSIS regulations (9 CFR 303.1(d) and 381.10(d)) define retail
stores that qualify for exemption from routine Federal inspection under
the FMIA or PPIA. Under the regulations, for an establishment to be an
exempt retail establishment depends, in part, upon the percentage and
volume of its trade with consumers other than household consumers, such
as hotels, restaurants and similar institutions. Accordingly, the
Federal meat and poultry products inspection regulations state in terms
of dollars the maximum amount of meat and poultry products which may be
sold to nonhousehold consumers if the establishment is to remain an
exempt retail establishment. During calendar year 1993, the maximum
amount for meat products was $37,800; for poultry products, the amount
was $33,100.
The Federal meat and poultry products inspection regulations (9 CFR
303.1(d)(2)(iii)(b) and 381.10(d)(2)(iii)(b) further provide that the
dollar limitation on product sales by retail stores to consumers other
than household consumers will be automatically adjusted during the
first quarter of each calendar year whenever the Consumer Price Index,
published by the Bureau of Labor Statistics (BLS), Department of Labor,
indicates a change during the previous year in the price of the same
volume of product exceeding $500, upward or downward. The regulations
also require that notice of the adjusted dollar limitation be published
in the Federal Register.
The BLS Consumer Price Index for 1993 indicates an average annual
price increase in meat products of 3.0 percent and an average annual
price increase in poultry products of 4.2 percent. When rounded off to
the nearest $100, the price increase for meat products amounts to
$1,100 and the price increase for poultry products amounts to $1,400.
As a percentage of the existing dollar limitation, change in excess of
$500 is indicated for both meat and poultry products.
Accordingly, FSIS, in accordance with Secs. 303.1(d)(2)(iii)(b) and
381.10(d)(2)(iii)(b) of the regulations, has automatically raised the
dollar limitation of permitted sales of meat products from $37,800 to
$38,900 and raised the dollar limitation of permitted sales for poultry
products from $33,100 to $34,500.
Done at Washington, DC on: March 11, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 93-6241 Filed 3-16-93; 8:45 am]
BILLING CODE 3410-DM-M
