The section 13(a)(4) exemption requires the establishment to be
recognized as a retail establishment in the particular industry. This
test limits the exemption to retail establishments only, and excludes
factories as such and establishments to which the retail concept does
not apply. In other words this test requires that the establishment as a
whole be recognized as a retail establishment although it makes or
processes at the establishment the goods it sells. Typical of the
establishment which may be recognized as retail establishments under the
exemption are custom tailor shops, candy shops, ice cream parlors,
bakeries, drug stores, optometrist establishments, retail ice plants and
other local retail establishments which make or process the goods they
sell and meet the other tests for exemption. Clearly factories as such
are not ``recognized retail establishments'' and would not be eligible
for this exemption. (See 95 Cong. Rec. pp. 11001, 11200, 11216, and
14942.)
