A “retail food establishment” is an establishment that sells food products directly to consumers as
its primary function. A retail food establishment’s primary function is to sell food directly to
consumers if the annual monetary value of sales of food products directly to consumers exceeds
the annual monetary value of sales of food products to all other buyers (see 21 CFR 1.227). A pet
store that sells animal food directly to consumers is an example of a type of animal food
establishment that may be a retail food establishment. In some instances, a farm supply store,
specialty bakery, hobby store, or other retail store that sells animal food, such as pet treats (and
also may sell human food), may be a retail food establishment if the annual monetary value of
sales of food products directly to consumers (such as pet owners or other individuals) exceeds the
annual monetary value of sales of food products to all other buyers (such as farms, which are
considered businesses). (See also Comment 79 in the Interim Final Rule; 68 FR 58894 at
58914.)
