The general meaning of ``growing'' and ``harvesting'' of
agricultural commodities is explained in Secs. 780.117 and 780.118 of
subpart B of this part 780, where the meaning of these terms as used in
the Act's definition of agriculture is fully discussed. As there
indicated, these terms include the actual raising of the crop and the
operations customarily performed in connection with the removal of the
crops by the farmer from their growing position, but do not extend to
operations subsequent to and unconnected with the actual process whereby
the agricultural commodities are severed from their attachment to the
soil. Thus, while transportation to a concentration point on the farm
may be included, ``harvesting'' never extends to transportation or other
operations off the farm. The ``growing'' of shade-grown tobacco is
considered to include such work as preparing the soil, planting,
irrigating, fertilizing, and other activities. This type of tobacco
requires special cultivation and is grown in fields that are completely
enclosed and covered with cheesecloth shade. The leaves of the plant are
picked in stages, as they mature. The leaves are taken immediateIy to a
tobacco barn, located on the farm, where they are strung on
sticks and dried by heat. Before the drying process is completed, the
leaves are allowed to absorb moisture. Then they are dried again. It is
not until the end of this drying operation that the leaves are packed in
boxes and taken from the farm to a building plant for further processing
(see Mitchell v. Budd, 350 U.S. 473). Under the general principles
stated above, ``harvesting'' of shade-grown tobacco is considered to
include the removal of the tobacco leaves from the plant and moving the
tobacco from the field to the drying barn on the farm, together with the
performance of other work as a necessary part of such operations.
Subsequent operations such as the drying of the tobacco in the barn on
the farm and packing of the tobacco for transportation to the bulking
plant are not included in ``harvesting.''
