---
kind: "section"
citation: "29 C.F.R. § 779.313"
title: "29"
number: "779.313"
heading: "Requirements summarized."
url: "https://uscodex.org/cfr/29/779.313"
---

# §779.313. Requirements summarized.


The statutory definition of the term “retail or service establishment” found in [section 13(a)(2)](/cfr/29/13.md?p=a-2), clearly provides that an establishment to be a “retail or service establishment”: (a) Must engage in the making of sales of goods or services; and (b) 75 percent of its sales of goods or services, or of both, must be recognized as retail in the particular industry; and (c) not over 25 percent of its sales of goods or services, or of both, may be sales for resale. These requirements are discussed below in [§§ 779.314 through 779.341](/cfr/29/779.314..779.341.md).


## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93-259, 88 Stat. 55; 29 U.S.C. 201-219.

### Source

Source: 35 FR 5856, Apr. 9, 1970, unless otherwise noted.