To be considered a “retail food establishment” as defined in 21 CFR 1.227, the establishment’s
primary function must be to sell food directly to consumers. A retail food establishment’s
primary function is to sell food directly to consumers if the annual monetary value of sales of
food directly to consumers exceeds the annual monetary value of sales of food to all other buyers
(see 21 CFR 1.227). The term “consumers” does not include businesses, such as farms.
Therefore, if more than 50% of a farm supply store’s annual monetary value of sales of food is to
consumers, such as pet owners and other individuals, then the farm supply store would meet the
definition of a “retail food establishment” and would not be required to register. However, if
more than 50% of a farm supply store’s annual monetary value of sales of food is to other buyers,
such as farms, then the farm supply store would not meet the definition of a “retail food
establishment” and would be required to register.
