Authority: Secs. 12, 13, 18, 52 Stat. 1067, 1069, as amended; 29
U.S.C. 212, 213, 218.
(a) Purpose. Section 13(c)(2) of the Fair Labor Standards Act of
1938, as amended (29 U.S.C. 213(c)(2)) states that the ``provisions of
section 12 [of the Act] relating to child labor shall apply to an
employee below the age of 16 employed in agriculture in an occupation
that the Secretary of Labor finds and declares to be particularly
hazardous for the employment of children below the age of 16, except
where such employee is employed by his parent or by a person standing in
the place of his parent on a farm owned or operated by such parent or
person.'' The purpose of this subpart is to apply this statutory
provision.
(b) Exception. This subpart shall not apply to the employment of a
child below the age of 16 by his parent or by a person standing in the
place of his parent on a farm owned or operated by such parent or
person.
(c) Statutory definitions. As used in this subpart, the terms
agriculture, employer, and employ have the same meanings as the
identical terms contained in section 3 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 203), which are as follows:
(1) Agriculture includes farming in all its branches and among other
things includes the cultivation and tillage of soil, dairying, the
production, cultivation, growing, and harvesting of any agricultural or
horticultural commodities (including commodities defined as agricultural
commodities in section 15(g) of the Agricultural Marketing Act, as
amended), the raising of livestock, bees, fur-bearing animals, or
poultry, and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as
an incident to or in conjunction with such farming operations, including
preparation for market, delivery to storage or to market or to carriers
for transportation to market.
(2) Employer includes any person acting directly or indirectly in
the interest of an employer in relation to an employee but shall not
include the United States or any State or political subdivision of a
State (except with respect to employees of a State or a political
subdivision thereof, employed:
(i) In a hospital, institution, or school referred to in the last
sentence of section (r) of the Act, or
(ii) In the operation of a railway or carrier referred to in such
sentence), or any labor organization (other than when acting as an
employer), or anyone acting in the capacity of officer or agent of such
labor organization.
(iii) Employ includes to suffer or permit to work.
[35 FR 221, Jan. 7, 1970, as amended at 35 FR 2822, Feb. 11, 1970.
Redesignated at 36 FR 25156, Dec. 29, 1971]
