29 C.F.R. § 776.21 "For" Commerce
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through December 31, 2023 |
Citation | 29 C.F.R. § 776.21 |
Year | 2023 |
(a)
- Although it is generally well understood that goods
are produced "for" commerce if they are produced for movement in commerce to
points outside the State, questions have been raised as to whether work done on
goods may constitute production "for" commerce even though the goods do not
ultimately leave the State. As is explained more fully in the paragraphs
following, there are certain situations in which this may be true, either under
the principles above stated (see paragraph (c) of this section), or because it
appears that the goods are produced "for" commerce in the sense that they are
produced for use directly in the furtherance, within the particular State, of
the actual movement to, from, or across such State or interstate or foreign
commerce. (See paragraph (b) of this section).
(b)
-
(1) The Act's definition of "commerce," as
has been seen, describes a movement, among the several States or between any
State and any outside place, of trade, commerce, transportation, transmission
or communication." Whenever goods are produced "for" such movement, such goods
are produced "for commerce," whether or not there is any expectation or reason
to anticipate that the particular goods will leave the State
-
(2) The courts have held that particular
goods are produced "for" commerce when they are produced with a view to their
use, whether within or without the State, in the direct furtherance of the
movement of interstate or foreign commerce. Thus, it is well settled that ice
is produced "for" commerce when it is produced for use by interstate rail or
motor carriers in the refrigeration or cooling of the equipment in which the
interstate traffic actually moves, even though the particular ice may melt
before the equipment in which it is...
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