As indicated in Sec. 780.804, the ginning for which the exemption is
intended is the first processing of the agricultural commodity, cotton,
in its natural form, into lint cotton for market. It does not include
further operations which may be performed on the cottonseed or the
cotton lint, even though such operations are performed in the same
establishment where the ginning is done. Delinting, which is the removal
of short fibers and fuzz from cottonseed, is not exempt under section
13(b)(15). It is not first processing of the seed cotton; rather, it is
performed on cottonseed, usually in cottonseed processing
establishments, and even if regarded as ginning (Mitchell v. Burgess,
239 F. 2d 484) it is not the ginning of cotton for market contemplated
by section 13(b)(15). It may come within the overtime exemption provided
in section 7(d) of the Act for certain seasonal industries. (See
Sec. 526.11(b)(1) of part 526 of this chapter.) Compressing of cotton,
which is the pressing of bales into higher density bales than those
which come from the gin, is a further processing of the cotton entirely
removed from ginning (Peacock v. Lubbock Compress Co., 252 F. 2d 892).
Employees engaged in compressing may, however, be subject to exemption
from overtime pay under section 7(c). (See Sec. 526.10(b)(8) of this
chapter.)
