[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: 29CFR780.514]



[Page 556-557]

 

                             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 F_Employment or Agricultural Employees in Processing Shade-Grown 

Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under 

                            Section 13(a)(14)

 

Sec.  780.514  ``Growing'' and ``harvesting.''



    The general meaning of ``growing'' and ``harvesting'' of 

agricultural commodities is explained in Sec. Sec.  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



[[Page 557]]



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.''



                            Exempt Processing