Section 12(a) prohibits certain shipments or deliveries for shipment
by ``producers,'' ``manufacturers'' ``or dealers.'' These terms having
appeared in this section prior to the 1961 amendments are defined and
described in Sec. 570.105 of this chapter, and said definitions remain
unchanged. It should be noted that the term ``manufacturer'' as used in
section 12(a) includes retailers who, in addition to retail selling,
engage in such manufacturing activities as the making of slipcovers or
curtains, the baking of bread, the making of candy, or the making of
window frames. Further, the term ``dealers'' refers to anyone who deals
in goods including persons engaged in buying, selling, trading,
distributing, delivering, etc. ``Dealers,'' therefore, as used in
section 12(a) include retailers. Therefore, where a retailer's business
unit is covered under the Act and he is a producer, manufacturer or
dealer within the meaning of this section, the retailer must comply with
the requirements of section 12(a). If a retailer's business unit which
is covered under the Act is exempt as a retail or service establishment
under section 13 of the Act from the monetary requirements of the Act,
the requirements of the child labor provisions must still be met. Thus,
retail or service establishments, in covered enterprises, doing less
than $250,000 annually, must comply with the child labor requirements
even if they are exempt from minimum wage and overtime provisions under
section 13(a)(2) of the Act.
