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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 780.135 - Meaning of ``farm.''

  • Section Number: 780.135
  • Section Name: Meaning of ``farm.''

    A ``farm'' is a tract of land devoted to the actual farming 
activities included in the first part of section 3(f). Thus, the 
gathering of wild plants in the woods for transplantation in a nursery 
is not an operation performed ``on a farm.'' (For a further discussion, 
see Sec. 780.207.) The total area of a tract operated as a unit for 
farming purposes is included in the ``farm,'' irrespective of the fact 
that some of this area may
not be utilized for actual farming operations (see NLRB v. Olaa Sugar 
Co., 242 F. 2d 714; In re Princeville Canning Co., 14 WH Cases 641 and 
762). It is immaterial whether a farm is situated in the city or in the 
country. However, a place in a city where no primary farming operations 
are performed is not a farm even if operated by a farmer (Mitchell v. 
Huntsville Nurseries, 267 F. 2d 286).
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