(a) As has been noted above, the term ``agriculture'' includes other
practices performed by a farmer or on a farm as an incident to or in
conjunction with the farming operations conducted by such farmer or on
such farm in addition to the practices listed in section 3(f). The
selling (including selling at roadside stands or by mail order and house
to house selling) by a farmer and his employees of his agricultural
commodities, dairy products, etc., is such a practice provided it does
not amount to a separate business. Other such practices are office work
and maintenance and protective work. Section 3(f) includes, for example,
secretaries, clerks, bookkeepers, night watchmen, maintenance workers,
engineers, and others who are employed by a farmer or on a farm if their
work is part of the agricultural activity and is subordinate to the
farming operations of such farmer or on such farm. (Damutz v. Pinchbeck,
66 F. Supp. 667, aff'd. 158 F. 2d 882). Employees of a farmer who repair
the mechanical implements used in farming, as a subordinate and
necessary task incident to their employer's farming operations, are
within section 3(f). It makes no difference that the work is done by a
separate labor force in a repair shop maintained for the purpose, where
the size of the farming operations is such as to justify it. Only
employees engaged in the repair of equipment used in performing
agricultural functions would be within section 3(f), however; employees
repairing equipment used by the employer in industrial or other
nonfarming activities would be outside the scope of agriculture. (Maneja
v. Waialua, 349 U.S. 254.) The repair of equipment used by other farmers
in their farming operations would not qualify as an agricultural
practice incident to the farming operations of the farmer employing the
repair workers.
(b) The following are other examples of practices which may qualify
as ``agriculture'' under the secondary meaning in section 3(f), when
done on a farm, whether done by a farmer or by a contractor for the
farmer, so long as they do not relate to farming operations on any other
farms: The operation of a cook camp for the sole purpose of feeding
persons engaged exclusively in agriculture on that farm; artificial
insemination of the farm animals; custom corn shelling and grinding of
feed for the farmer; the packing of apples by portable packing machines
which are moved from farm to farm packing only apples grown on the
particular farm where the packing is being performed; the culling,
catching, cooping, and loading of poultry; the threshing of wheat; the
shearing of sheep; the gathering and baling of straw.
(c) It must be emphasized with respect to all practices performed on
products for which exemption is claimed that they must be performed only
on the products produced or raised by the particular farmer or on the
particular farm (Mitchell v. Huntsville Nurseries, 267 F. 2d 286; Bowie
v. Gonzalez, 117 F. 2d 11; Mitchell v. Hunt, 263 F. 2d 913; NLRB v. Olaa
Sugar Co., 242 F. 2d 714; Farmers Reservoir Co. v. McComb, 337 U.S. 755;
Walling v. Peacock Corp., 58 F. Supp. 880; Lenroot v. Hazelhurst
Mercantile Co., 153 F. 2d 153; Jordan v. Stark Bros. Nurseries, 45 F.
Supp. 769).
