[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.106]

[Page 568]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                 Subpart B_General Scope of Agriculture
 
Sec. 780.106  Employment in ``primary'' agriculture is farming regardless 
of why or where work is performed.

    When an employee is engaged in direct farming operations included in 
the primary definition of ``agriculture,'' the purpose of the employer 
in performing the operations is immaterial. For example, where an 
employer owns a factory and a farm and operates the farm only for 
experimental purposes in connection with the factory, those employees 
who devote all their time during a particular workweek to the direct 
farming operations, such as the growing and harvesting of agricultural 
commodities, are considered as employed in agriculture. It is also 
immaterial whether the agricultural or horticultural commodities are 
grown in enclosed houses, as in greenhouses or mushroom cellars, or in 
an open field. Similarly, the mere fact that production takes place in a 
city or on industrial premises, such as in hatcheries, rather than in 
the country or on premises possessing the normal characteristics of a 
farm makes no difference (see Jordan v. Stark Brothers Nurseries, 45 F. 
Supp. 769; Miller Hatcheries v. Boyer, 131 F. 2d 283; Damutz v. 
Pinchbeck, 158 F. 2d 882).

                       Farming in All Its Branches