As a further requirement for exemption, section 7(b)(3) limits to
not more than 25 percent (measured by annual dollar volume) the sales
which an enterprise engaged in the wholesale or bulk distribution of
petroleum products may make to customers who are engaged in the bulk
distribution of such products for resale. It should be noted that this
limitation does not depend on whether the goods sold by the enterprise
to such customers are sold by it for resale, or on whether the goods
sold to such customers are petroleum products. It is whether the
customer is engaged in selling petroleum products for resale that is
controlling. A sale of any goods must be included in this 25 percent
limitation so long as it is made to a customer who, as described in
section 7(b)(3), can be characterized as one ``engaged in the bulk
distribution of such products for resale''. It should be also noted that
this provision does not in any way limit the sales which the enterprise
may make to customers who are not engaged in the bulk distribution of
petroleum products for resale. Thus, there is no limitation on the sales
the enterprise may make to gasoline service stations which sell such
products for resale but do no engage in the ``bulk distribution'' of the
products so sold, or to any other customers except those specified in
the exemption in section 7(b)(3). Who is a ``customer engaged in the
bulk distribution of such products for resale'' is discussed in
Secs. 794.131--794.133.
