[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: 29CFR780.112]

[Page 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. 780.112  General meaning of ``agriculture or horticultural commodities.''

    Section 3(f) of the Act defines as ``agriculture'' the ``production, 
cultivation, growing, and harvesting'' of ``agricultural or 
horticultural commodities,'' and employees employed in such operations 
are engaged in agriculture. In general, within the meaning of the Act, 
``agricultural or horticultural commodities'' refers to commodities 
resulting from the application of agricultural or horticultural 
techniques. Insofar as the term refers to products of the soil, it means 
commodities that are planted and cultivated by man. Among such 
commodities are the following: Grains, forage crops, fruits, vegetables, 
nuts, sugar crops, fiber crops, tobacco, and nursery products. Thus, 
employees engaged in growing wheat, corn, hay, onions, carrots, sugar 
cane, seed, or any other agricultural or horticultural commodity are 
engaged in ``agriculture.'' In addition to such products of the soil, 
however, the term includes domesticated animals and some of their 
products such as milk, wool, eggs, and honey. The term does not include 
commodities produced by industrial techniques, by exploitation of 
mineral wealth or other natural resources, or by uncultivated natural 
growth. For example, peat humus or peat moss is not an agricultural 
commodity. Wirtz v. Ti Ti Peat Humus Co., 373 f(2d) 209 (C.A.4).