In determining whether a sale or service is recognized as a retail
sale or service in a particular industry, there are available to the
Secretary a number of sources of information to aid him in arriving at a
conclusion. These sources include: (a) The legislative history of the
Act as originally enacted in 1938 and the legislative history of the
1949, 1961, and 1966 amendments to the Act pertaining to those sections
in which the term ``retail or service establishment'' is found,
particularly in the section 13(a)(2) exemption; (b) the decisions of the
courts during the intervening years; and (c) the Secretary's experience
in the intervening years in interpreting and administering the Act.
These sources of information enable the Secretary to lay down certain
standards and criteria, as discussed in this subpart, for determining
generally and in some cases specifically what sales or services are
recognized as retail sales or services in particular industries.
