29 CFR Subpart D
Exemptions for Certain Retail or Service Establishments
July 28, 2023
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General Principles
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“Establishment” Basis of Exemptions
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Statutory Meaning of Retail or Service Establishment
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Making Sales of Goods and Services “Recognized as Retail”
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“Recognized” as Retail “in the Particular Industry”
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Sales Not Made for Resale
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General Tests of Exemption Under Section 13(a)(2)
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Sales Made Within the State
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Computing Annual Dollar Volume and Combination of Exemptions
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Engaging in Manufacturing and Processing Activities; Section 13(a)(4)
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Engaging in Contract Telegraph Agency Operations; Section 13(a)(11)
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Classification of Sales and Establishments in Certain Industries
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Lumber and Building Materials Dealers
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Coal Dealers
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Ice Manufacturers and Ice Dealers
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Liquefied-Petroleum-Gas and Fuel Oil Dealers
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Feed Dealers
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Monument Dealers
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Frozen-Food Locker Plants
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Automotive Tire Establishments
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Commercial Stationers
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Funeral Homes
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Cemeteries
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Automobile, Truck and Farm Implement Sales and Services, and Trailer, Boat and Aircraft Sales
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Other Establishments for Which Special Exceptions or Exemptions Are Provided
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Hotels and Motels
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Motion Picture Theaters
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Seasonal Amusement or Recreational Establishments
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Restaurants and Establishments Providing Food And Beverage Service
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