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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 B  

General Scope of Agriculture


29 CFR 780.112 - General meaning of ``agriculture or horticultural commodities.''

  • Section Number: 780.112
  • Section Name: General meaning of ``agriculture or horticultural commodities.''

    Section 3(f) of the Act defines as ``agriculture'' the ``production, 
cultivation, growing, and harvesting'' of ``agricultural or 
horticultural commodities,'' and employees employed in such operations 
are engaged in agriculture. In general, within the meaning of the Act, 
``agricultural or horticultural commodities'' refers to commodities 
resulting from the application of agricultural or horticultural 
techniques. Insofar as the term refers to products of the soil, it means 
commodities that are planted and cultivated by man. Among such 
commodities are the following: Grains, forage crops, fruits, vegetables, 
nuts, sugar crops, fiber crops, tobacco, and nursery products. Thus, 
employees engaged in growing wheat, corn, hay, onions, carrots, sugar 
cane, seed, or any other agricultural or horticultural commodity are 
engaged
in ``agriculture.'' In addition to such products of the soil, however, 
the term includes domesticated animals and some of their products such 
as milk, wool, eggs, and honey. The term does not include commodities 
produced by industrial techniques, by exploitation of mineral wealth or 
other natural resources, or by uncultivated natural growth. For example, 
peat humus or peat moss is not an agricultural commodity. Wirtz v. Ti Ti 
Peat Humus Co., 373 f(2d) 209 (C.A.4).
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