For purposes of the “retail food establishment” definition, can sales at produce auctions, food hubs, and buying clubs be considered sales that are directly to consumers?

Sales at such platforms can be to different types of entities. In some cases, sales may be to
consumers. However, sales may also be to restaurants, wholesalers, and other businesses. An
establishment’s direct sales to individual consumers at these platforms can be counted as sales to
consumers. However, a direct sale to a business at these platforms cannot be counted as sales to
consumers. Furthermore, a direct sale to a separate business that runs these platforms, rather than
to specific buyers, would not be counted as sales to consumers because businesses (including
businesses that run produce auctions) are not consumers (see Comments 15 and 17 in the
Registration Final Rule; 81 FR 45912 at 45924).