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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 780  

Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

 

 

 

Subpart F  

Employment or Agricultural Employees in Processing Shade- Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14)


29 CFR 780.520 - Particular operations which may be exempt.

  • Section Number: 780.520
  • Section Name: Particular operations which may be exempt.

    (a) General. Section 13(a)(14) lists a number of operations as being 
included in the processing of shade-grown tobacco. Some of these are, 
and others are not, themselves ``processing'' in the sense that 
performance of the operations changes the natural form of the commodity 
on which it is performed. All of the operations named and described in 
paragraph (b) of this section, however, are a necessary and integral 
part of the overall process of preparing shade-grown tobacco for use as 
cigar wrapper tobacco and, when performed as part of that process and 
prior to stemming of the tobacco, by an employee qualified under the 
terms of the section, will provide the basis for his exemption from the 
minimum wage and overtime provisions of the Act.
    (b) Particular operations--(1) Drying. Drying includes the removal 
or lowering of the moisture content of the tobacco, whether by natural 
means or by exposure to heat from ovens, furnaces, etc.
    (2) Curing. Curing includes removing the tobacco to the curing shed 
or barn and stringing the tobacco over slats.
    (3) Fermenting. Fermenting includes the operations controlling the 
chemical changes which take place in the tobacco as the result of 
bulking and rebulking.
    (4) Bulking. Bulking includes piling the tobacco in piles or bulks 
of about 4,000 pounds each for the purpose of fermenting the tobacco.
    (5) Rebulking. Rebulking includes the breaking down of the tobacco 
bulks or piles and rearranging them so that the tobacco on the inside 
will be placed on the outside of the bulk and tobacco on the outside 
will be placed inside.
    (6) Sorting. Sorting includes segregation of the tobacco leaves in 
connection with the grading and classifying of the cured tobacco.
    (7) Grading. Grading includes sorting or classifying as to size and 
quality.
    (8) Aging. Aging includes the curing process brought about by 
bulking.
    (9) Baling. Baling includes the tying of the tobacco into ``hands'' 
and placing them in bales for shipment.
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