[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: 29CFR780.115]



[Page 522]

 

                             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--Table 

of Contents

 

                 Subpart B_General Scope of Agriculture

 

Sec.  780.115  Forest products.



    Trees grown in forests and the lumber derived therefrom are not 

``agricultural or horticultural commodities.'' Christmas trees, whether 

wild or planted, are also not so considered. It follows that employment 

in the production, cultivation, growing, and harvesting of such trees or 

timber products is not sufficient to bring an employee within section 

3(f) unless the operation is performed by a farmer or on a farm as an 

incident to or in conjunction with his or its farming operations. On the 

latter point, see Sec. Sec.  780.160 through 780.164 which discuss the 

question of when forestry or lumbering operations are incident to or in 

conjunction with farming operations so as to constitute ``agriculture.'' 

For a discussion of the exemption in section 13(a)(13) of the Act for 

certain forestry and logging operations in which not more than eight 

employees are employed, see part 788 of this chapter.