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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 780.141 - Practices must relate to farming operations on the particular farm.

  • Section Number: 780.141
  • Section Name: Practices must relate to farming operations on the particular farm.

    ``Practices * * * performed * * * on a farm'' must be performed as 
an incident to or in conjunction with ``such farming operations'' in 
order to constitute ``agriculture'' within the secondary meaning of the 
term. No practice performed with respect to farm commodities is within 
the language under discussion by reason of its performance on a farm 
unless all of such commodities are the products of that farm. Thus, the 
performance on a farm of any practice, such as packing or storing, which 
may be incidental to farming operations cannot constitute a basis for 
considering the employees engaged in agriculture if the practice is 
performed upon any commodities that have been produced elsewhere than on 
such farm (see Mitchell v. Hunt, 263 F. 2d 913). The construction by an 
independent contractor of granary on a farm is not connected with 
``such'' farming operations if the farmer for whom it is built intends 
to use the structure for storing grain produced on other farms. Nor is 
the requirement met with respect to employees engaged in any other 
practices performed on a farm, but not by a farmer, in connection with 
farming operations that are not conducted on that particular farm. The 
fact that such a practice pertains to farming operations generally or to 
those performed on a number of farms, rather than to those performed on 
the same farm only, is sufficient to take it outside the scope of the 
statutory language. Area soil surveys and genetics research activities, 
results of which are made available to a number of farmers, are typical 
of the practices to which this principle applies and which are not 
within section 3(f) under this provision.
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