A ``place of * * * first marketing'' is the second of the two types
of places to which the freshly harvested fruits or vegetables may be
transported from the farm under the exemption provided by section
13(b)(16). Typically, a place of first marketing is a farmer's market of
the kind to which ``delivery to market'' is made within the meaning of
section 3(f) of the Act when a farmer delivers such commodities there as
an incident to or in conjunction with his own farming operations. Under
section 13(b)(16), of course, there is no requirement that the
transportation be performed by or for a farmer or as an incident to or
in conjunction with any farming operations. A place of first marketing
may be described in general terms as a place at which the freshly
harvested fruits or vegetables brought from the farm are first delivered
for marketing, such as a packing plant or an establishment of a
wholesaler or other distributor, cooperative marketing agency, or
processor to which the fruits or vegetables are first brought from the
farm and delivered for sale. A place of first marketing may also be a
place of first processing (see Mitchell v. Budd, 350 U.S. 473) but it
need not be. The ``first place of packing'' to which the just-harvested
fruits or vegetables
are transported from the farm is intended to be included. (See 107 Cong.
Rec. (daily ed.) p. 4523.) Transportation to places which are not first
processing or first marketing places is not exempt.
