[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR570.70]



[Page 276-277]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

--Table of Contents

 

 Subpart E-1_Occupations in Agriculture Particularly Hazardous for the 

               Employment of Children Below the Age of 16

 

Sec.  570.70  Purpose and scope.



    Authority: Secs. 12, 13, 18, 52 Stat. 1067, 1069, as amended; 29 

U.S.C. 212, 213, 218.





    (a) Purpose. Section 13(c)(2) of the Fair Labor Standards Act of 

1938, as amended (29 U.S.C. 213(c)(2)) states that the ``provisions of 

section 12 [of the Act] relating to child labor shall apply to an 

employee below the age of 16 employed in agriculture in an occupation 

that the Secretary of Labor finds and declares to be particularly 

hazardous for the employment of children below the age of 16, except 

where such employee is employed by his parent or by a person standing in 

the place of his parent on a farm owned or operated by such parent or 

person.'' The purpose of this subpart is to apply this statutory 

provision.

    (b) Exception. This subpart shall not apply to the employment of a 

child below the age of 16 by his parent or by a person standing in the 

place of his parent on a farm owned or operated by such parent or 

person.

    (c) Statutory definitions. As used in this subpart, the terms 

agriculture, employer, and employ have the same meanings as the 

identical terms contained in section 3 of the Fair Labor Standards Act 

of 1938, as amended (29 U.S.C. 203), which are as follows:

    (1) Agriculture includes farming in all its branches and among other 

things includes the cultivation and tillage of soil, dairying, the 

production, cultivation, growing, and harvesting of any agricultural or 

horticultural commodities (including commodities defined as agricultural 

commodities in section 15(g) of the Agricultural Marketing Act, as 

amended), the raising of livestock, bees, fur-bearing animals, or 

poultry, and any practices (including any forestry or lumbering 

operations) performed by a farmer or on a farm as an incident to or in 

conjunction with such farming operations, including preparation for 

market, delivery to storage or to market or to carriers for 

transportation to market.

    (2) Employer includes any person acting directly or indirectly in 

the interest of an employer in relation to an employee but shall not 

include the United States or any State or political subdivision of a 

State (except with respect to employees of a State or a political 

subdivision thereof, employed:

    (i) In a hospital, institution, or school referred to in the last 

sentence of section (r) of the Act, or



[[Page 277]]



    (ii) In the operation of a railway or carrier referred to in such 

sentence), or any labor organization (other than when acting as an 

employer), or anyone acting in the capacity of officer or agent of such 

labor organization.

    (iii) Employ includes to suffer or permit to work.



[35 FR 221, Jan. 7, 1970, as amended at 35 FR 2822, Feb. 11, 1970. 

Redesignated at 36 FR 25156, Dec. 29, 1971]