(a) Activities performed after conversion of an aquatic product to a
nonperishable state cannot form the basis for application of the section
13(b)(4) exemption unless the subsequent operation is so integrated with
the performance of exempt operations on the aquatic forms of animal and
vegetable life mentioned in the section that functionally and as a
practical matter it must be considered a part of the operations for
which exemption was intended. The exemption is, consequently, not
available for the handling or shipping of nonperishable products by an
employer except where done as a part of named operations commenced on
the product when it was in a perishable state. Thus, employees of
dealers in or distributors of such nonperishable products as fish oil
and fish meal, or canned seafood, are not within the exemption.
Similarly, there is no basis for application of the exemption to
employees employed in further processing of or manufacturing operations
on products previously rendered nonperishable, such as refining fish oil
or handling fish meal in connection with the manufacture of feeds.
Further specific examples of application of the foregoing principle are
given in the subsequent discussion of particular operations named in
section 13(b)(4).
(b) In applying the principle stated in paragraph (a) of this
section, the Department has not asserted that the exemption is
inapplicable to the performance of the operations described in section
13(b)(4) on frozen, smoked, salted, or cured fish. The Department will
continue to follow this policy until further clarification from the
courts.
