The term ``delivery * * * to market'' includes taking agricultural
or horticultural commodities, dairy products, livestock, bees or their
honey, fur-bearing animals or their pelts, or poultry to market. It
ordinarily refers to the initial journey of the farmer's products from
the farm to the market. The market referred to is the farmer's market
which normally means the distributing agency, cooperative marketing
agency, wholesaler or processor to which the farmer delivers his
products. Delivery to market ends with the delivery of the commodities
at the receiving platform of such a farmer's market (Mitchell v. Budd,
350 U.S. 473). When the delivery involves travel off the farm (which
would normally be the case) the delivery must be performed by the
employees employed by the farmer in order to constitute an agricultural
practice. Delivery by an independent contractor for the farmer or a
group of farmers or by a ``bird-dog'' operator who has purchased the
commodities on the farm from the farmer is not an agricultural practice
(see Chapman v. Durkin, 214 F. 2d 360, cert. denied 348 U.S. 897; Fort
Mason Fruit Co. v. Durkin, 214 F. 2d 363, cert. denied 348 U.S. 897).
However, in the case of fruits or vegetables, the Act provides a special
overtime pay exemption for intrastate transportation of the freshly
harvested commodities from the farm to a place of first marketing or
first processing, which may apply to employees engaged in such
transportation regardless of whether they are employed by the farmer.
See subpart J of this part 780, discussing the exemption provided by
section 13(b)(16).
