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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 780.708 - A country elevator is located near and serves farmers.

  • Section Number: 780.708
  • Section Name: A country elevator is located near and serves farmers.

    Country elevators, as commonly recognized, are typically located 
along railroads in small towns or rural areas near grain farmers, and 
have facilities especially designed for receiving bulk grain by wagon or 
truck from farms, elevating it to storage bins, and direct loading of 
the grain in its natural state into railroad boxcars. The principal 
function of such elevators is to provide a point of initial 
concentration for grain grown in their local area and to handle, store 
for limited periods, and load out such grain for movement in carload 
lots by rail from the producing area to its ultimate destination. They 
also perform a transport function in facilitating the even and orderly 
movement of grain over the interstate network of railroads from the 
producing areas to terminal elevators, markets, mills, processors, 
consumers, and to seaboard ports for export. The country elevator is 
typically the farmer's market for his grain or the point at which his 
grain is delivered to carriers for transportation to market. The 
elevator may purchase the grain from the farmer or store and handle it 
for him, and it may also store and handle substantial quantities of 
grain owned by or pledged to the Government under a price-support 
program. Country elevators customarily receive, weigh, test, grade, 
clean, mix, dry, fumigate, store, and load out grain in its natural 
state, and provide certain incidental services and supplies to farmers 
in the locality. The foregoing attributes of country elevators have been 
recognized by the courts. See, for example, Mitchell v. Sampson Const. 
Co. (D. Kan.) 14 WH Cases 269; Tobin v. Flour Mills, 185 F. 2d 596; Holt 
v. Barnesville Elevator Co., 145 F. 2d 250; Remington v. Shaw (W.D. 
Mich.), 2 WH Cases 262.
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