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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 H  

Employment by Small Country Elevators Within Area of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14)


29 CFR 780.710 - A country elevator may sell products and services to farmers.

  • Section Number: 780.710
  • Section Name: A country elevator may sell products and services to farmers.

    Section 13(b)(14) expressly provides that an establishment commonly 
recognized as a country elevator, within the meaning of the exemption, 
includes ``such an establishment which sells products and services used 
in the operation of a farm.'' This language makes it plain that if the 
establishment is ``such an establishment,'' that is, if its functions 
and attributes are such that it is ``commonly recognized as a country 
elevator'' but not otherwise, exemption of its employees under this 
section will not be lost solely by reason of the fact that it sells 
products and services used in the operation of a farm. Establishments 
commonly recognized as country elevators, especially the smaller ones, 
not only engage in the storing of grain but also conduct various 
merchandising or ``sideline'' operations as well. They may distribute 
feed grains to feeders and other farmers, sell fuels for farm use, sell 
and treat seeds, and sell other farm supplies such as fertilizers, farm 
chemicals, mixed concentrates, twine, lumber, and farm hardware supplies 
and machinery. (See Tobin v. Flour Mills, 185 F. 2d 596; Holt v. 
Barnesville Elevator Co., 145 F. 2d 250). Services performed for farmers 
by country elevators may include grinding of feeds, cleaning and 
fumigating seeds, supplying bottled gas, and gasoline station services. 
As conducted by establishments commonly recognized as country elevators, 
the selling of goods and services used in the operation of a farm is a 
minor and incidental secondary activity and not a main business of the 
elevator (see Tobin v. Flour Mills, supra; Holt v. Barnesville Elevator 
Co., supra).
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