[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: 29CFR780.109]

[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. 780.109  Determination of whether unlisted activities are ``farming.''

    Unlike the specifically enumerated operations, the phrase ``farming 
in all its branches'' does not clearly indicate its scope. In 
determining whether an operation constitutes ``farming in all its 
branches,'' it may be necessary to consider various circumstances such 
as the nature and purpose of the operations of the employer, the 
character of the place where the employee performs his duties, the 
general types of activities there conducted, and the purpose and 
function of such activities with respect to the operations carried on by 
the employer. The determination may involve a consideration of the 
principles contained in Sec. 780.104. For example, fish farming 
activities fall within the scope of the meaning of ``farming in all its 
branches'' and employers engaged in such operations would be employed in 
agriculture. On the other hand, so-called ``bird dog'' operations of the 
citrus fruit industry consisting of the purchase of fruit unsuitable for 
packing and of the transportation and sale of the fruit to canning 
plants do not qualify as ``farming'' and, consequently, employees 
engaged in such operations are not employed in agriculture. (See Chapman 
v. Durkin, 214 F. 2d 360 cert. denied 348 U.S. 897; Fort Mason Fruit Co. 
v. Durkin, 214 F. 2d 363 cert. denied, 348 U.S. 897.) However, employees 
gathering the fruit at the groves are considered agricultural workers 
because they are engaged in harvesting operations. (For exempt 
transportation, see subpart J of this part.)

                   Cultivation and Tillage of the Soil