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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 J  

Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)


29 CFR 780.915 - ``Place of first processing.''

  • Section Number: 780.915
  • Section Name: ``Place of first processing.''

    Under section 13(b)(16) the fruits or vegetables may be transported 
to only two types of places. One is a ``place of first processing'', 
which includes any place where canning, freezing, drying, preserving, or 
other operations which first change the form of the fresh fruits or 
vegetables from their raw and natural state are performed. (For overtime 
exemption applicable to ``first processing,'' see part 526 of this 
chapter.) A plant which grades and packs only is not a place of first 
processing (Walling v. DeSoto Creamery and Produce Co., 51 F. Supp. 
938). However, a packer's plant may qualify as a place of first 
marketing. (See Sec. 780.916.)
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