[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.105]

[Page 311-312]
 
                             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,

[[Page 312]]

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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