[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: 29CFR780.110]

[Page 568-569]
 
                             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. 780.110  Operations included in ``cultivation and tillage of the 
soil.''

    ``Cultivation and tillage of the soil'' includes all the operations 
necessary to prepare a suitable seedbed, eliminate weed growth, and 
improve the physical condition of the soil. Thus, grading or leveling 
land or removing rock or other matter to prepare the ground for a proper 
seedbed or building terraces on farmland to check soil erosion are 
included. The application of water, fertilizer, or limestone to farmland 
is also included. (See in this connection

[[Page 569]]

Sec. Sec. 780.128 et seq. Also see Farmers Reservoir Co. v. McComb, 337 
U.S. 755.) Other operations such as the commercial production and 
distribution of fertilizer are not included within the scope of 
agriculture. (McComb v. Super-A Fertilizer Works, 165 F. 2d 824; Farmers 
Reservoir Co. v. McComb, 337 U.S. 755.)

                                Dairying