Code of Federal Regulations (alpha)

CFR /  Title 29  /  Part 779  /  Sec. 779.246 Inflow test under section 3(s)(1) of the Act prior to

To come within the scope of section 3(s)(1) of the prior Act, the enterprise, in addition to the other conditions, must purchase or receive goods for resale that move or have moved across State lines (not in deliveries from the reselling establishment) which amount in total annual volume to $250,000 or more. To meet this condition, it must be shown that (a) the enterprise purchases or receives goods for resale (Sec. 779.248), (b) that such goods move or have moved across State lines (Sec. 779.249), and (c) that such purchases and receipts amount in total annual volume to $250,000 or more (Sec. 779.253). Enterprises which do not meet this test may be covered under section 3(s)(1) of the present Act, which contains no interstate inflow requirement. Sec. 779.247 ``Goods'' defined.

The term ``goods'' as used in section 3(s) of the prior and amended Act is defined in section 3(i) of the Act. The statutory definition is quoted in Sec. 779.14, and is discussed in detail in part 776 of this chapter.