[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR570.105]



[Page 282]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

--Table of Contents

 

   Subpart G_General Statements of Interpretation of the Child Labor 

     Provisions of the Fair Labor Standards Act of 1938, as Amended

 

Sec.  570.105  ``Producer, manufacturer, or dealer''.



    It will be observed that the prohibition of section 12(a) with 

respect to certain shipments or deliveries for shipment is confined to 

those made by producers, manufacturers, and dealers. The terms 

``producer, manufacturer, or dealer'' used in this provision are not 

expressly defined by the statute. However, in view of the definition of 

``produced'' in section 3(j), for purposes of this section a 

``producer'' is considered to be one who engages in producing, 

manufacturing, handling or in any other manner working on goods in any 

State. \5\ Since manufacturing is considered a specialized form of 

production, the word ``manufacturer'' does not have as broad an 

application as the word ``producer.'' Manufacturing generally involves 

the transformation of raw materials or semifinished goods into new or 

different articles. A person may be considered a ``manufacturer'' even 

though his goods are made by hand, as is often true of products made by 

homeworkers. Moreover, it is immaterial whether manufacturing is his 

sole or main business. Thus, the term includes retailers who, in 

addition to retail selling, engage in such manufacturing activities as 

the making of slip-covers or curtains, the baking of bread, the making 

of candy, or the making of window frames. The word ``dealer'' refers to 

anyone who deals in goods (as defined in section 3(i) of the Act), \6\ 

including persons engaged in buying, selling, trading, distributing, 

delivering, etc. It includes middlemen, factors, brokers, commission 

merchants, wholesalers, retailers and the like.

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    \5\ For a discussion of the definition of ``produced'' as it relates 

to section 12(a), see Sec.  570.108.

    \6\ See Sec.  570.107.

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