In determining whether a particular establishment is one that is
``commonly recognized'' as a country elevator--and this must be true of
the particular establishment if the exemption is to apply--it should be
kept in mind that the intent of section 13(b)(14) is to ``exempt country
elevators that market farm products, mostly grain, for farmers'' (107
Cong. Rec. (daily ed.) p. 5883). It is also appropriate to consider the
characteristics and functions which the courts and government agencies
have recognized as those of ``country elevators'' and the distinctions
which have been recognized between country elevators and other types of
establishments. For example, in proceedings to determine industries of a
seasonal nature under part 526 of the regulations in this chapter,
``country'' grain elevators, public terminal and subterminal grain
elevators, wheat flour mill elevators, non-elevator-type bulk grain
storing establishments, and ``flat warehouses'' in which grain is stored
in sacks, have been recognized as distinct types of establishments
engaged in grain storage. (See 24 FR 2584; 3581.) As the legislative
history of the exemption cited above makes clear, country elevators
handle ``mostly grain.'' The courts have recognized that the terms
``country elevator'' and ``country grain elevator'' are interchangeable
(the term ``country house'' has also been recognized as synonymous), and
that there are significant differences between country elevators and
other types of establishments engaged in grain storage (see Tobin v.
Flour Mils, 185 F. 2d 596; Mitchell v. Sampson Const. Co. (D. Kan.) 14
WH Cases 269).
