(a) Section 3(f) expressly provides that the term ``agricultural or
horticultural commodities'' shall include the commodities defined as
agricultural commodities in section 15(g) of the Agricultural Marketing
Act, as amended (12 U.S.C. 1141-1141j). Section 15(g) of that Act
provides: ``As used in this act, the term `agricultural commodity'
includes, in addition to other agricultural commodities, crude gum
(oleoresin) from a living tree, and the following products as processed
by the original producers of the crude gum (oleoresin) from which
derived: Gum spirits of turpentine, and gum resin, as defined in the
Naval Stores Act, approved March 3, 1923'' (7 U.S.C. 91-99). As defined
in the Naval Stores Act, `` `gum spirits of turpentine' means spirits of
turpentine made from gum (oleoresin) from a living tree'' and `` `gum
rosin' means rosin remaining after the distillation of gum spirits of
turpentine.'' The production of these commodities is therefore within
the definition of ``agriculture.''
(b) Since the only oleoresin included within section 15(g) of the
Agricultural Marketing Act is that derived from a living tree, the
production of oleoresin from stumps or any sources other than living
trees is not within section 3(f). If turpentine or rosin is produced in
any manner other than the processing of crude gum from living trees, as
by digging up pine stumps and grinding them or by distilling the
turpentine
with steam from the oleoresin within or extracted from the wood, the
production of the turpentine or rosin is not included in section 3(f).
(c) Similarly, the production of gum turpentine or gum rosin is not
included when these are produced by anyone other than the original
producer of the crude gum from which they are derived. Thus, if a
producer of turpentine or rosin from oleoresin from living trees makes
such products not only from oleoresin produced by him but also from
oleoresin delivered to him by others, he is not producing a product
defined as an agricultural commodity and employees engaged in his
production operations are not agricultural employees. (For an
explanation of the inclusion of the word ``production'' in section 3(f),
see Sec. 780.117(b).) It is to be noted, however, that the production of
gum turpentine and gum rosin from crude gum (oleoresin) derived from a
living tree is included within section 3(f) when performed at a central
still for and on account of the producer of the crude gum. But where
central stills buy the crude gum they process and are the owners of the
gum turpentine and gum rosin that are derived from such crude gum and
which they market for their own account, the production of such gum
turpentine and gum rosin is not within section 3(f).
``Production, Cultivation, Growing, and Harvesting'' of Commodities
