[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: 29CFR780.115]

[Page 569-570]
 
                             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. 780.115  Forest products.

    Trees grown in forests and the lumber derived therefrom are not 
``agricultural or horticultural commodities.''

[[Page 570]]

Christmas trees, whether wild or planted, are also not so considered. It 
follows that employment in the production, cultivation, growing, and 
harvesting of such trees or timber products is not sufficient to bring 
an employee within section 3(f) unless the operation is performed by a 
farmer or on a farm as an incident to or in conjunction with his or its 
farming operations. On the latter point, see Sec. Sec. 780.160 through 
780.164 which discuss the question of when forestry or lumbering 
operations are incident to or in conjunction with farming operations so 
as to constitute ``agriculture.'' For a discussion of the exemption in 
section 13(a)(13) of the Act for certain forestry and logging operations 
in which not more than eight employees are employed, see part 788 of 
this chapter.