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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart C  

Employment to Which the Act May Apply; Enterprise Coverage


29 CFR 779.251 - Goods that have lost their out-of-State identity.

  • Section Number: 779.251
  • Section Name: Goods that have lost their out-of-State identity.

    (a) Goods which are purchased or received by the enterprise within 
the State will not be considered goods which have ``moved across State 
lines'' if the goods, although they came from outside the State, had 
been processed or manufactured so as to have lost their identity as out-
of-State goods before they are purchased or received by the enterprise. 
This assumes, of course, that the goods so manufactured or processed do 
not move across State lines before they are sold by the enterprise. Thus 
where an enterprise buys bread baked within the State which does not 
move across State lines before it is resold by the enterprise, the bread 
is not ``goods, which have moved across State lines'' even if the flour 
and other ingredients came from outside the State. The same conclusion 
will follow, under the same circumstances, where clothing is 
manufactured from out-of-State fabrics.
    (b) In those cases where goods are composed in part of goods which 
have, and in part of goods which have not, moved across State lines, the 
entire product will be considered as goods which have moved across State 
lines, if, as a practical matter, it substantially consists of goods 
which are identifiable as out-of-State goods. Whether goods have been so 
changed as to have lost their out-of-State identity is question which 
will depend upon all the facts in a particular case.
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