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Content Last Revised: 8/20/70
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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 784  

Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products

 

 

 

Subpart B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.135 - ``Packing.''

  • Section Number: 784.135
  • Section Name: ``Packing.''

    The packing of the various named marine products at sea as an 
incident to, or in conjunction with, the fishing operations of the 
vessel is an exempt operation. The term ``packing'' refers to the 
placing of the named product in containers, such as boxes, crates, bags, 
and barrels. Activities such as washing, grading, sizing, and placing 
layers of crushed ice in the containers are deemed a part of packing 
when performed as an integral part of the packing operation. The packing 
operation may be a simple or complete and complex operation depending 
upon the nature of the marine product, the length of time out and the 
facilities aboard the vessel. Where the fishing trip is of short 
duration, the packing operation may amount to no more than the simple 
operation, of packing the product in chipped or crushed ice in wooden 
boxes, as in the case of shrimp, or placing the product in wooden boxes 
and covering with seaweed as in the case of lobsters. Where the trips 
are of long duration, as for several weeks or more, packing the 
operations on fishing vessels with the proper equipment sometimes are 
integrated with first processing operations so that together these 
operations amount to readying the product in a marketable form. For 
example, in the case of shrimp, the combined operations may consist of 
the following series of operations--washing, grading, sizing, placing 5-
pound boxes already labeled for direct marketing, placing in trays with 
other boxes, loading into a quick freezer locker, removing after 
freezing, emptying the box, glazing the contents with a spray of fresh 
water, replacing the box, putting them in 50-pound master cartons and 
finally stowing in refrigerated locker.
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