(a) The planting of trees and bushes is within the scope of
agriculture where it constitutes a step in the production, cultivation,
growing, and harvesting of agricultural or horticultural commodities, or
where it constitutes a practice performed by a farmer or on a farm as an
incident to or in conjunction with farming operations (as where it is
part of the subordinate marketing operations of the grower of such trees
or bushes). Thus, employees of the nurseryman who raised such nursery
stock are doing agricultural work when they plant the stock on private
or public property, trim, spray, brace, and treat the planted stock, or
perform other duties incidental to its care and preservation. Similarly,
employees who plant fruit trees and berry stock not raised by their
employer would be considered as engaged in agriculture if the planting
is done on a farm as an incident to or in conjunction with the farming
operation on that farm.
(b) On the other hand, the planting of trees and bushes on
residential, business, or public property is not agriculture when it is
done by employees of an employer who has not grown the trees and bushes,
or who, if he has grown them, engages in the planting operations as an
incident, not to his farming operations, but to landscaping operations
which include principally the laying of sod and the construction of
pools, walks, drives, and the like.
(c) The mowing of lawns, except where it can be considered
incidental to farming operations, is not agricultural work.
