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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 784  

Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products

 

 

 

Subpart B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.134 - ``Canning.''

  • Section Number: 784.134
  • Section Name: ``Canning.''

    The term ``canning'' was defined in the legislative history of the 
1949 amendments (House (Conference) Report No. 1453, 81st Cong., first 
session; 95 Cong. Rec. 14878, 14932-33). These amendments made the 
``canning'' of marine products or byproducts exempt from overtime only 
under a separate exemption (section 13(b)(4), and subject to the minimum 
wage requirements of the Act (see Sec. 784.136 et seq.). The same 
meaning will be accorded to ``canning'' in section 13(a)(5) as in 
section 13(b)(4) (see Sec. 784.142 et seq.) subject, of course, to the 
limitations necessarily imposed by the context in which it is found. In 
other words, although certain operations as described in Sec. 784.142 et 
seq. qualify as canning, they are, nevertheless, not exempt under 
section 13(a)(5) unless they are performed on marine products by 
employees of the fishing vessel at sea as an incident to, or in 
conjunction with the fishing operations of the vessel.
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