[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR794.128]

[Page 709]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 794_PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK 
 
Subpart B_Exemption From Overtime Pay Requirements Under Section 7(b)(3) 
                               of the Act
 
Sec. 794.128  Sales made to out-of-State customers.

    Whether the sale of goods or services is made to an out-of-State 
customer is a question of fact. In order for a customer to be considered 
an out-of-State customer, some specific relationship between him and the 
seller has to exist to indicate his out-of-State character. On the one 
hand, sales made to the casual cash-and-carry customer (such as at a 
gasoline station owned or operated by the enterprise), who, for all 
practical purposes, is indistinguishable from the mass of customers who 
visit the establishment, are sales made within the State even though the 
seller knows or has reason to believe, because of his proximity to the 
State line or because he is frequented by tourists, that some of the 
customers who visit his establishment reside outside the State. If the 
customer is of that type, sales made to him are sales made within the 
State even if the seller knows in the particular instance that the 
customer resides outside the State. On the other hand, a sale is made to 
an out-of-State customer and therefore, is not a sale made ``within the 
State'' in which the enterprise is located, if delivery of the goods is 
made outside that State, or if the relationship with the customer is 
such as to indicate his out-of-State character. Such a relationship 
would exist, for example, where an out-of-State company in the regular 
course of dealing picks up the petroleum products at the bulk storage 
station of the enterprise and transports them out of the State in its 
own trucks.