Dealer means any person engaged in the business of buying or selling in wholesale or jobbing quantities in commerce and includes:
(1) Jobbers, distributors and other wholesalers;
(2) Retailers, when the invoice cost of all purchases of produce exceeds $230,000 during a calendar year. In computing dollar volume, all purchases of fresh and frozen fruits and vegetables are to be counted, without regard to quantity involved in a transaction or whether the transaction was intrastate, interstate or foreign commerce;
(3) Growers who market produce grown by others.
(4) The term “dealer” does not include persons buying produce, other than potatoes, for canning and/or processing within the State where grown, whether or not the canned or processed product is to be shipped in interstate or foreign commerce, unless such product is frozen, or packed in ice, or consists of cherries in brine.


7 CFR § 46.2

Scoping language

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